[37] Bill 81 Royal Assent (PDF)

Bill 81 2002

An Act to provide
standards with respect to
the management of materials
containing nutrients used on lands,
to provide for the making of regulations
with respect to farm animals and lands
to which nutrients are applied,
and to make related amendments
to other Acts

CONTENTS

PART I PURPOSE, DEFINITIONS AND ADMINISTRATION

1. Purpose 2. Definitions 3. Directors 4. Provincial officers 5. Analysts

PART II MANAGEMENT OF MATERIALS CONTAINING NUTRIENTS AND REGULATIONS RESPECTING FARM ANIMALS

6. Nutrient management standards 7. Regulations, farm animals, etc.

PART III HEARING BY TRIBUNAL

8. Notice of Director's action 9. Right to hearing 10. No automatic stay 11. Powers of Tribunal

PART IV INSPECTIONS AND ORDERS

Inspections

12. Identification 13. Inspection without warrant 14. Inspection of vehicles and vessels 15. Power to administer other Acts 16. Order for entry or inspection 17. Condition to permit inspections 18. Order to prohibit entry 19. Order of justice 20. Securing of place or thing 21. Use of force 22. Samples and copies

23. Seizure during inspection 24. Disposition of certain things 25. Order for tracking 26. Police assistance 27. Restoration of excavation 28. Matters confidential

Orders

29. Order for preventive measures 30. Compliance order 31. Amendment or revocation of order 32. Review of order

PART V REMEDIAL WORK DONE BY MINISTRY

33. Minister's action 34. Director's order 35. Entry 36. Order to pay costs 37. Enforcement of order 38. Lien on real property 39. Where lands not owned by farmer

PART VI ENFORCEMENT

40. Administrative penalties 41. Order to restrain 42. No obstruction 43. Offences 44. Limitation period 45. Service of offence notice 46. Service for motor vehicles 47. Presiding judge 48. Penalties 49. Suspension 50. Order to prevent damage 51. Order for remedial work

PART VII GENERAL

52. Other Acts 53. Effect of orders, etc. 54. Service 55. Documents as evidence 56. Delegation of powers 57. Crown liability 58. Payment of fees 59. Regulations 60. Powers in regulations 61. By-law superseded

PART VIII COMPLEMENTARY AMENDMENTS

62. Environmental Protection Act 63. Farming and Food Production Protection Act, 1998 64. Highway Traffic Act 65. Ontario Water Resources Act 66. Pesticides Act

PART IX COMMENCEMENT AND SHORT TITLE

67. Commencement 68. Short title

______________

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

PART I
PURPOSE, DEFINITIONS
AND ADMINISTRATION

Purpose

1. The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development.

Definitions

2. In this Act,

"agricultural machinery and equipment" includes equipment used for the management of materials containing nutrients; ("machines et matériel agricoles")

"agricultural operation" means an agricultural, aquacultural, horticultural or silvicultural operation and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer's agricultural operation,

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation, and

(j) any other agricultural activity prescribed by the regulations, conducted on, in or over agricultural land; ("exploitation agricole")

"analyst" means an analyst appointed under subsection 5 (1); ("analyste")

"approval" means an approval of a nutrient management plan or a nutrient management strategy that is issued in accordance with a regulation made under clause 6 (2) (h), (i) or (k); ("approbation")

"certificate" means a certificate to carry out prescribed nutrient management practices that is issued in accordance with a regulation made under clause 6 (2) (c); ("certificat")

"Director" means a Director appointed under subsection 3 (1); ("directeur")

"discharge", when used as a verb, includes to add, deposit, emit or leak and, when used as a noun, includes an addition, deposit, emission or leak; ("rejet", "rejeter")

"farm animal" means,

(a) livestock, including poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk,

(f) game animals and birds, or

(g) any additional animals, birds or fish prescribed by the regulations; ("animal d'élevage")

"farmer" means the owner or operator of an agricultural operation; ("agriculteur")

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

"licence" means a licence for applying materials containing nutrients to land that is issued in accordance with a regulation made under clause 6 (2) (e); ("permis")

"management", in respect of materials containing nutrients, includes the collection, purchase, acquisition, storage, handling, treatment, sale, transfer, transportation, application, use and disposal of the materials, and "manage" has a corresponding meaning; ("gestion", "gérer")

"Minister" means the Minister responsible for the administration of this Act unless the context indicates otherwise; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"natural environment" means the air, land and water of the Province of Ontario or any combination or part of them; ("environnement naturel")

"nutrient" means fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper sludge, and other material applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of "nutrient"; ("élément nutritif")

"nutrient management plan" means a plan for the management of materials containing nutrients that may be applied to lands, which plan is prepared in accordance with the regulations; ("plan de gestion des éléments nutritifs")

"nutrient management strategy" means a plan prepared by a municipality or generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; ("stratégie de gestion des éléments nutritifs")

"prescribed" means prescribed by the regulations; ("prescrit")

"processing" includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from an agricultural operation and are conducted as a part of an agricultural operation; ("traitement")

"provincial officer" means a provincial officer designated under subsection 4 (1); ("agent provincial")

"regulations" means the regulations made under this Act; ("règlements")

"Tribunal" means the Environmental Review Tribunal. ("Tribunal")

Directors

3. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as Directors, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) subject to the approval of the Lieutenant Governor in Council, those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable.

Provincial officers

4. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, designate as provincial officers, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation.

Limitation of authority

(3) In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable.

Peace 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.

Analysts

5. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as analysts, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable.

PART II
MANAGEMENT OF MATERIALS
CONTAINING NUTRIENTS
AND REGULATIONS
RESPECTING FARM ANIMALS

Nutrient management standards

6. (1) The Lieutenant Governor in Council may make regulations,

(a) establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses;

(b) establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a);

(c) requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b).

Same

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) governing the management of materials containing nutrients including,

(i) specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in subsection 1 (1) of the Building Code Act, 1992,

(ii) specifying standards relating to the construction, on an agricultural operation, of the buildings or structures to which subclause (i) applies and requiring excavations to be carried out around them, including the formation of earth barriers, and specifying standards for the excavations,

(iii) respecting the amount of materials containing nutrients that may be applied to lands, the quality of the materials and the type of land to which the materials or a type of the materials may be applied,

(iv) respecting the time and manner in which materials containing nutrients may be applied to lands,

(v) specifying standards for equipment used to transport and apply materials containing nutrients, and

(vi) respecting technologies used for the management of materials containing nutrients, including prescribing conditions for the use of the technologies and respecting the manner and the circumstances in which they may be used;

(b) requiring farmers and other persons to meet prescribed qualifications and to pass prescribed examinations in relation to the application of materials containing nutrients to lands;

(c) respecting the qualifications, education, training and certification necessary in order to carry out prescribed management practices and prohibiting persons other than those with the prescribed qualifications, education, training or certification from performing the prescribed nutrient management practices in an agricultural operation;

(d) prohibiting persons from engaging in the business of applying materials containing nutrients to lands unless licensed to do so;

(e) respecting the licensing of persons who are engaged in the business of applying materials containing nutrients to lands, respecting applications for the licences and the issuing, renewing, expiration, suspension and cancellation of the licences, respecting the qualifications for the licences and specifying the conditions of the licences;

(f) prohibiting the application of materials containing nutrients to lands except in accordance with a nutrient management plan prepared or approved in accordance with the regulations and permitting deviations from the plan in the circumstances specified in the regulations or where the deviation is approved by a person specified in the regulations;

(g) governing the preparation of nutrient management plans, requiring farmers and others to ensure that a nutrient management plan is prepared in relation to their operations and specifying the method according to which the plan must be prepared and the contents of the plan;

(h) requiring that nutrient management plans for agricultural operations, or for prescribed classes of agricultural operations, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(i) requiring that nutrient management strategies for municipalities and generators of prescribed materials, or for prescribed classes of those municipalities and generators, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(j) providing for the issue of approvals and their termination and amendment;

(k) specifying the length of time for which a nutrient management plan or a nutrient management strategy is valid and requiring that, at the prescribed times or when there is a prescribed change in the agricultural operation or other prescribed activity, a new plan or strategy be prepared and approved or an existing plan or strategy be amended and approved;

(l) providing for the amendment or termination of nutrient management plans or nutrient management strategies by persons who are appointed by any Minister responsible for the administration of a provision of this Act for the purposes of doing those amendments or terminations, if the plans or strategies are not in accordance with the regulations;

(m) requiring that a nutrient management plan, nutrient management strategy or any other record or document required under this Act be,

(i) kept by the farmer or the other persons that are specified in the regulations for the period of time specified in the regulations, or

(ii) filed in accordance with the requirements specified in the regulations;

(n) providing for the establishment of a registry in which nutrient management plans, nutrient management strategies and other prescribed documents relating to this Act shall be recorded or providing for the use of any other registry for recording those plans, strategies and documents;

(o) providing for access to the documents in a registry described in clause (n) or portions of them;

(p) requiring that persons who manage materials containing nutrients gather samples of them in accordance with the requirements specified in the regulations and submit them, in accordance with the requirements specified in the regulations, to prescribed persons for the purpose of a chemical analysis;

(q) governing the manner in which the chemical analysis mentioned in clause (p) is to be performed and requiring that the persons who perform it make the reports on it that are specified in the regulations;

(r) requiring that studies be conducted in relation to the use of materials containing nutrients on lands, including topographical studies and studies to determine soil types on those lands and studies to determine the depth, volume, direction of flow and risk of contamination of water located on, in and under those lands;

(s) requiring that the studies mentioned in clause (r) be conducted by a person who has the prescribed qualifications;

(t) requiring that the recommendations, if any, contained in the studies mentioned in clause (r) be followed in the use of materials containing nutrients on the lands being studied;

(u) respecting minimum distance separation requirements between,

(i) lands to which materials containing nutrients are applied or places in which materials containing nutrients are stored or farm animals are housed, and

(ii) properties surrounding the lands or places described in subclause (i) or those other places or geographic features that are specified in the regulations;

(v) requiring that materials containing nutrients be managed in an environmentally responsible manner as specified in the regulations by persons who are engaged in the purchase, acquisition, resale or disposal of materials containing nutrients or who are otherwise engaged in the trading of materials containing nutrients;

(w) governing the use of innovative technologies in the management of materials containing nutrients used by and on agricultural operations, including specifying conditions for the use of those technologies and respecting the manner and the circumstances in which they may be used;

(x) requiring a farmer or whatever other person is specified in the regulations to prepare records or documents in relation to the management of materials containing nutrients and those other matters that are specified in the regulations;

(y) requiring that a nutrient management plan, nutrient management strategy or any other record or document that must be prepared, kept or filed under this Act, be prepared, kept or filed in an electronic format and respecting requirements for the preparation, keeping and filing of those plans, records and documents in an electronic format;

(z) prohibiting a farmer from,

(i) constructing a structure or a building to be used to house farm animals or to store materials containing nutrients,

(ii) enlarging an existing structure or building that is used to house farm animals or to store materials containing nutrients, or

(iii) converting an existing structure or building into one that is used to house farm animals or to store materials containing nutrients,

unless the farmer has,

(iv) prepared and filed a nutrient management plan or a nutrient management strategy in accordance with the requirements specified in the regulations, and

(v) met the requirements specified in the regulations with respect to the site and construction of the structure or building;

(z.1) respecting the issuance of certificates to a farmer as evidence that the farmer is in compliance with this Act and the regulations and respecting the cancellation, expiry and renewal of the certificates;

(z.2) providing for the establishment and operation of local committees to assist in the doing of any prescribed matters including mediation of disputes in connection with the management of materials containing nutrients on lands.

Director's powers

(3) A Director may, in accordance with the regulations,

(a) issue, amend, suspend or revoke a certificate, licence or approval; or

(b) impose or amend conditions on a certificate, licence or approval.

Regulations, farm animals, etc.

7. The Lieutenant Governor in Council may make regulations,

(a) regulating the use of prescribed nutrients on lands used for the production of prescribed crops;

(b) regulating the access of farm animals and persons to lands to which prescribed nutrients have been applied;

(c) governing the location and operation of feed lots and other places where farm animals are kept outside;

(d) restricting the access of farm animals to water and watercourses;

(e) governing the disposal, storage and transportation of dead farm animals.

PART III
HEARING BY TRIBUNAL

Notice of Director's action

8. (1) A Director who issues or amends a certificate, licence or approval, who imposes or amends conditions on a certificate, licence or approval or who suspends or revokes a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the holder of the certificate, licence or approval, as the case may be.

Non-issuance or non-renewal

(2) A Director who refuses to issue or renew a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the person to whom the Director refused to issue or renew the certificate, licence or approval, as the case may be.

Right to hearing

9. (1) A person who receives a notice described in subsection 8 (1) or (2) may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of the notice described in that subsection.

Same, order

(2) If a Director makes, amends, revokes or is deemed to have made an order under this Act, the person to whom the order is directed may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of notice of the order.

No order

(3) The refusal by the Director to make, amend or revoke an order does not itself constitute an order.

No right to hearing

(4) A person is not entitled to require a hearing under subsection (1) or (2) if the person receives,

(a) notice that the Director has issued the certificate, licence or approval for which the person applied; or

(b) notice of an action that the Tribunal has directed the Director to take under clause 11 (1) (b).

Extension of time

(5) The Tribunal shall extend the time in which a person may give a notice under subsection (1) or (2) requiring a hearing on a decision or order if, in the Tribunal's opinion, it is just to do so because service of the decision or order on the person did not give the person notice of the decision or order.

Contents of notice

(6) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the certificate, licence, approval or order in respect of which the hearing is required; and

(b) the grounds on which the applicant for the hearing intends to rely at the hearing.

Effect of contents of notice

(7) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the certificate, licence, approval or order, or to rely on a ground, that is not stated in the applicant's notice requiring the hearing.

Leave by Tribunal

(8) The Tribunal may grant the leave mentioned in subsection (7) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give the directions that the Tribunal considers proper consequent upon the granting of the leave.

No automatic stay

10. (1) The commencement of a hearing before the Tribunal does not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to pay the costs of work made under section 36.

Grant of stay

(2) The Tribunal may, on the application of a party to a hearing before it, stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to monitor, record and report.

Parties

(3) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.

No stay

(4) The Tribunal shall not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required if doing so would result in,

(a) danger to the health or safety of any person;

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

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

Application for removal of stay

(5) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.

Application by new party

(6) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.

Removal of stay

(7) The Tribunal, on the application of a party under subsection (5) or (6), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c).

Conditions

(8) The Tribunal may impose conditions on granting or removing a stay under this section.

Powers of Tribunal

11. (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may,

(a) confirm, alter or revoke the action of the Director that is the subject-matter of the hearing;

(b) by order direct the Director to take the action that the Tribunal considers the Director should take in accordance with this Act and the regulations;

(c) for the purposes of clauses (a) and (b), substitute its opinion for that of the Director.

Appeal to court

(2) A party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

Appeal to Minister

(3) A party to a hearing before the Tribunal may, within 30 days after receiving the decision of the Tribunal or within 30 days after final disposition of an appeal, if any, under subsection (2), appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as the Minister considers in the public interest.

No automatic stay

(4) An appeal of a decision of the Tribunal to the Divisional Court or to the Minister does not stay the operation of the decision unless the Tribunal orders otherwise.

Power of court or Minister

(5) If a decision of the Tribunal is appealed to the Divisional Court or to the Minister, the Divisional Court or the Minister may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (4).

PART IV
INSPECTIONS AND ORDERS

Inspections

Identification

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

Inspection without warrant

13. (1) For the purposes of the administration of this Act or the regulations, a provincial officer may, without warrant or court order, enter and inspect, in accordance with this section, any land or premises that,

(a) are used by, or are part of, an agricultural operation or other operation regulated under this Act; or

(b) the officer believes on reasonable grounds contain documents relating to an agricultural operation or other operation regulated under this Act.

Dwellings

(2) A provincial officer shall not exercise a power conferred by this section to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order issued under section 16.

Time of entry

(3) A provincial officer shall not exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order except during daylight hours or at any other time during which work is being carried out on the land or at the premises.

Exception

(4) Despite subsection (3), a provincial officer may exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order if delay in exercising the power would result in,

(a) danger to the health or safety of any person;

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

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

(d) the disappearance or deterioration of evidence that the inspection could produce.

Powers on inspection

(5) During an inspection made under subsection (1), a provincial officer may,

(a) make necessary excavations;

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

Records

(6) A record made under clause (5) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Removal of documents or data

(7) A provincial officer shall not remove documents or data under clause (5) (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

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

Inspection of vehicles and vessels

14. (1) In this section,

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

Requirement to stop

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

Compliance

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

Signal to stop

(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.

Inquiries and inspection

(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 licences, 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.

Means of containment

(7) Based on the 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 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, the Environmental Protection Act or the Transportation of Dangerous Goods Act, 1992 (Canada).

Opening

(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.

Powers of inspection

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise any powers under subsection 13 (5) that are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 13 (6), (7) and (8) apply to the exercise of a power under subsection (9).

Power to administer other Acts

15. A provincial officer who exercises any power set out in section 13, 14 or 23 may, if the provincial officer is designated as such under the Environmental Protection Act, the Ontario Water Resources 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;

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

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

Order for entry or inspection

16. (1) A justice may issue an order authorizing a provincial officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that it is appropriate for the administration of this Act or the regulations for the officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) and that the 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 described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9);

(c) there are reasonable grounds to believe that a person may prevent a provincial officer from doing anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9);

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

(e) there are reasonable grounds to believe that an attempt by the officer to do anything described in subsection 13 (1) or (5) or 14 (2), (6), (7), (8) or (9) without the order might not achieve the purpose of the thing or might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 13 (6), (7) and (8) 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.

Time of execution

(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.

Condition to permit inspections

17. It is a condition of every licence or approval that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 13, 14 or 16 of this Act, section 156, 156.1 or 158 of the Environmental Protection 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 or approval relates.

Order to prohibit entry

18. (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 13, 14 or 16.

2. During the time required for the officer to obtain an order under section 16 of this Act or a warrant under section 158 of the Provincial Offences Act.

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

Requirements for order

(2) A provincial officer shall not issue an order under subsection (1) unless the 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 materials containing nutrients into the natural environment from the land, place or thing and an adverse effect described in subsection (3) has resulted or is likely to result from the discharge.

Effect

(3) The adverse effect mentioned in clause (2) (c) is an effect that is one or more of the following:

1. Impairment of the quality of the natural environment for any use that can be made of it.

2. Injury or damage to property or to plant or animal life.

3. Harm or material discomfort to any person.

4. An adverse effect on the health of any person.

5. Impairment of the safety of any person.

6. Rendering any property or plant or animal life unfit for human use.

7. Interference with the normal conduct of business.

Notice of order

(4) The provincial officer shall give notice of the order in the manner that the officer considers appropriate in the circumstances.

Contents of notice

(5) Notice of the order shall include an explanation of the rights provided by subsections (7) and (8).

Order not effective where no notice

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

Request for rescission

(7) 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

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

Same

(9) For the purposes of subsection (8), the Director may substitute the Director's own opinion for that of the provincial officer.

Rescission of order

(10) A Director who rescinds an order under subsection (8) shall give those directions to a provincial officer that the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

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

Duration of order

(12) An order described in subsection (1) shall be effective,

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

(b) where the inspection or search mentioned in subsection (1) is under an order under section 16 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, until the expiration of that time.

Order of justice

19. (1) If a justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds 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.

Duration of prohibition

(2) The prohibition under the justice's order shall, subject to subsection (3), be for the period of time set out in the order.

Expiry

(3) Unless renewed, an order made 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 made 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.

Application for initial order

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

Application for renewal order

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

Requirements for renewal

(7) In an order made 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 made under subsection (1) or (4) in the manner that the officer considers appropriate in the circumstances.

Order ineffective

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

Securing of place or thing

20. If an order made under section 18 or 19 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 other means that the 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.

Use of force

21. A provincial officer may use the force that is reasonably necessary,

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

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

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

Samples and copies

22. A provincial officer may detain samples and copies obtained under section 13, 14 or 16 for any period and for any of the purposes of this Act and the regulations.

Seizure during inspection

23. (1) During an inspection under section 13, 14 or 16, a provincial officer may, without a warrant or court order, seize any thing that is produced to the officer or that is in plain view, if,

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

(b) the 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.

Report to justice

(2) A provincial officer who seizes any thing during an inspection under section 13, 14 or 16 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

Application of Provincial Offences Act

(3) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection under section 13, 14 or 16.

Disposition of certain things

24. (1) If the Director believes that, given the nature of a thing seized during an inspection under section 13, 14 or 16, 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.

Perishables

(2) If the person having custody of any thing seized during an inspection under section 13, 14 or 16 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provisions

(3) Subsections 23 (2) and (3) do 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

(5) If a thing has been disposed of in accordance with subsections (1) to (4), 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 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 officer knows or has reason to believe is the owner.

Contents of notice

(6) The notice 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 the officer's 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 Superior Court of Justice for relief against the forfeiture.

Order for tracking

25. (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 any thing.

Issuance of order

(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,

(a) an offence against this Act has been or will be committed; and

(b) 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.

Conditions of order

(5) An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances.

Activities under order

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

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

(b) monitor, or 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 whatever shorter period is specified in the order.

Further orders

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

Police assistance

26. (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of any thing, the officer may,

(a) take those steps and employ the assistance that is necessary to accomplish what is required; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Same

(2) It is the duty of every member of a police force called to render assistance under clause (1) (b) to render the assistance.

Restoration of excavation

27. A provincial officer who makes or causes the making of an excavation in the course of performing duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.

Matters confidential

28. (1) Except as to information in respect of the discharge of materials containing nutrients into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to the officer's knowledge in the course of any inspection under this Act or the regulations and shall not communicate the matters to any person except,

(a) as may be required in connection with the administration of,

(i) this Act or a prescribed Act,

(ii) the regulations made under this Act or a prescribed Act, or

(iii) any proceeding under an Act mentioned in subclause (i) or the regulations made under that Act;

(b) to the officer's counsel; or

(c) with the consent of the person to whom the information relates.

Testimony in civil suit

(2) Except in a proceeding described in subclause (1) (a) (iii), no provincial officer shall be required to give testimony, other than testimony in respect of the discharge of materials containing nutrients into the natural environment, in any civil suit or proceeding with regard to information obtained by the officer in the course of the administration of this Act or the regulations.

Orders

Order for preventive measures

29. (1) A provincial officer or Director may issue an order to any person who owns or who has management or control of lands or premises that the officer or Director, as the case may be, is authorized to enter under section 13, 14 or 16 if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 18 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on or in the lands and premises.

Information 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) specify that the person to whom the order is directed has the right to request,

(i) a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director.

Contents of order

(3) The order may require the person to whom it is directed to,

(a) take, within the time specified, whatever steps are specified in it to prevent, decrease or eliminate an adverse effect described in subsection 18 (3) that will result or is likely to result from the discharge of materials containing nutrients into the natural environment, other than the air, from anything undertaken on or in the lands and premises; and

(b) report to the provincial officer, within the time specified, on the steps mentioned in clause (a).

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Compliance order

30. (1) A provincial officer or Director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a certificate, licence or approval may make an order directing the person to comply with the Act, regulations, certificate, licence or approval, as the case may be, immediately or within the time specified in the order.

Contents of order

(2) The order shall,

(a) specify the provisions of this Act or the regulations or the conditions of a certificate, licence or approval that the provincial officer believes the person to have contravened;

(b) briefly describe the nature and, where applicable, the location of the contravention;

(c) describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and

(d) specify that the person has the right to request,

(i) a review of the order by a Director in accordance with section 32, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 9, if the order is made or deemed to be made by a Director.

Service

(3) The provincial officer or Director who makes the order shall have it served on the person.

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Amendment or revocation of order

31. (1) If a provincial officer makes an order under subsection 29 (1) or 30 (1), the officer or a Director may, by order, amend or revoke it.

Notice

(2) Upon amending or revoking an order under subsection (1), the provincial officer or Director shall give written notice of the amendment or revocation to the person to whom the order is directed.

Review of order

32. (1) A person to whom an order made by a provincial officer under subsection 29 (1) or 30 (1) is directed may, within seven days after being served with a copy of the order, request that a Director review the order.

Form of 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

(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 person is requesting the review;

(b) any submissions that the person 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 whatever other means of service that the regulations specify.

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 the Director's 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) the decision, if the Director decides to revoke the order of the provincial officer; or

(b) the Director's order and reasons for it, if the Director confirms or alters the order of the provincial officer.

Deemed 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 in accordance with subsection (1) or (2), 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 Director shall be deemed to have made an order confirming the order of the provincial officer.

Notice

(9) For the purpose of an appeal to the Tribunal, a confirming order that subsection (8) deems the Director to have made, shall be deemed,

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

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

PART V
REMEDIAL WORK DONE
BY MINISTRY

Minister's action

33. If an order or decision made under section 29, 30, 31 or 32 is stayed, the Minister may cause to be done any thing required by the order or decision.

Director's order

34. (1) If an order or decision made under section 29, 30, 31 or 32 is not stayed, a Director may cause to be done any thing required by it if,

(a) a person required by the order or decision to do the thing,

(i) has refused to comply with or is not complying with the order or decision,

(ii) is not likely, in the Director's opinion, to comply with the order or decision promptly,

(iii) is not likely, in the Director's opinion, to carry out the order or decision competently, or

(iv) requests the assistance of the Director in complying with the order or decision; or

(b) in the Director's opinion, it would be in the public interest to do so.

Notice

(2) The Director shall give notice of an intention to cause a thing to be done under subsection (1) to each person required by an order or decision made under this Act to do the thing, except if the identity of the person cannot be ascertained.

Reaction to notice

(3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director.

Entry

35. (1) A person who is responsible for doing a thing under section 34 may, for the purpose, enter onto any land or into any place where 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 are reasonable grounds to believe that entry onto land or into a place is necessary for the purpose of doing a thing under section 34, may make 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 made 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 the additional periods that the justice considers necessary.

Police assistance

(5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may,

(a) take those steps and employ the assistance that is necessary to accomplish the thing; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Assistance

(6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order.

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.

Identification

(8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.

Order to pay costs

36. (1) If a person is required to do any thing by an order or decision made under this Act and the Director causes the thing to be done under section 34, the Director may make an order requiring the person, and any other person whom the Director determines is appropriate, to pay the costs of having the thing done.

Contents of order

(2) The order to pay costs shall include,

(a) a description of things that the Director caused to be done under this Act;

(b) a brief statement of the circumstances giving rise to the Director's decision to cause the things to be done;

(c) a detailed account of the costs incurred in doing the things; and

(d) a direction that the person to whom the order is issued pay the costs to the Minister of Finance.

Increase in cost

(3) At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order.

Enforcement of order

37. (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Lien on real property

38. (1) For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on real property is a thing done in connection with that property, whether or not the work is done on that property.

Costs collected as taxes

(2) If an order to pay costs is directed to a person who owns real property in a municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the municipality shall have a lien on the property for those amounts; they shall be deemed to be municipal taxes in respect of the property and shall be added by the clerk of the municipality to the collector's roll and collected in the same way and with the same priorities as municipal taxes.

Same

(3) A lien created under subsection (2) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.

Remittance

(4) Subject to subsection (6), money collected in accordance with subsection (2), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Minister of Finance.

Definition

(5) In subsections (6) and (7),

"cancellation price" has the same meaning as in the Municipal Tax Sales Act.

Proceeds of tax sale

(6) Where there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.

Cancellation price

(7) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Territory without municipal organization

(8) If an order to pay costs is directed to a person who owns real property in territory without municipal organization, and the Director instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to things done in connection with that property, the Crown shall have a lien on the property for those amounts and they shall be deemed to be taxes in respect of the property imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act.

Details in instruction

(9) An instruction under subsection (2) or (8) shall state which of the amounts specified in the order to pay relate to things done in connection with the property.

Where lands not owned by farmer

39. (1) If an order to pay costs is directed to a farmer in respect of work carried out under section 34 on lands or premises that are not owned by the farmer but are used by the farmer as part of an agricultural operation and pursuant to a nutrient management plan, and if the farmer owns land elsewhere in Ontario, the Director who caused the work to be carried out under that section may,

(a) in the case of land owned by the farmer in a municipality, instruct the clerk of the municipality to recover the amount of the costs as taxes against the land; or

(b) in the case of land owned by the farmer in territory without municipal organization, instruct the Land Tax Collector appointed under the Provincial Land Tax Act to recover the amount of the costs as provincial land taxes under that Act.

Municipal taxes

(2) Subsections 38 (2) to (7) and (9) apply with necessary modifications to the recovery of municipal taxes under clause (1) (a).

Provincial land taxes

(3) Subsections 38 (8) and (9) apply with necessary modifications to the recovery of provincial land taxes under clause (1) (b).

PART VI
ENFORCEMENT

Administrative penalties

40. (1) If a Director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act, other than an order under section 36, or has failed to comply with a condition of a certificate, licence or approval, the Director may, subject to the regulations under subsection (11), 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 under subsection (1) 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

(3) An administrative penalty in respect of a contravention or failure shall not exceed $10,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4) The notice of an administrative penalty served on the person who is required to pay the penalty 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 (11);

(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 Tribunal under subsection (5).

Right to hearing

(5) The 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 Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in that case, the requirement to pay is stayed until the disposition of the matter.

Tribunal's powers

(6) At a hearing by the Tribunal of a matter to which a notice of an administrative penalty relates, the Tribunal may confirm, rescind or amend the notice according to what it considers reasonable in the circumstances, but it shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Regulations

(7) For greater certainty, the regulations made under subsection (11) apply to the Tribunal's decisions under subsection (6).

No offence if penalty is paid

(8) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty pays it in accordance with the notice or the Tribunal's decision, the person shall not be charged with an offence in respect of the contravention or failure to which the penalty relates.

Failure to pay

(9) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty does not pay it in accordance with the notice or the Tribunal's decision,

(a) the notice or decision may be filed with a local registrar of the Superior Court of Justice 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, licence or approval that has been issued to the person until the administrative penalty is paid; and

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

Interest

(10) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (9) 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

(11) 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 and the circumstances in which 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.

Order to restrain

41. (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act, other than an order under section 36 or fails to comply with a condition of a certificate, licence or approval, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.

Court order

(2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.

No obstruction

42. (1) No person shall hinder or obstruct a Director, a provincial officer or any employee or agent of the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry in the performance of duties under this Act.

Providing information

(2) No person shall refuse to provide a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with all information, documents or data that the person is authorized to examine under this Act and the regulations.

False information

(3) No person shall include false or misleading information in any document or data that a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry is authorized to examine under this Act and the regulations.

Same

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

Offences

43. (1) A person is guilty of an offence if the person,

(a) contravenes this Act or the regulations;

(b) fails to comply with the conditions of a certificate, licence or approval; or

(c) fails to comply with an order made by a Director or a provincial officer under this Act.

Directors and officers

(2) Every director or officer of a corporation who knowingly concurs in the commission of an offence by the corporation is guilty of an offence.

Limitation period

44. No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of,

(a) the day on which the offence was committed; and

(b) the day evidence of the offence first came to the attention of a provincial officer.

Service of offence notice

45. (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 corporation or to the clerk of the 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, as the case may be.

Service for motor vehicles

46. (1) In this section,

"commercial motor vehicle", "farm tractor", "motor vehicle" and "self-propelled implement of husbandry" have the same meanings as in the Highway Traffic Act; ("matériel agricole automoteur", "tracteur agricole", "véhicule automobile", "véhicule utilitaire")

"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")

Employer

(2) Delivery of an offence notice or summons to the operator of a vehicle that is a motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle in the course of the operator's employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.

Owner or lessee

(3) Delivery of an offence notice or summons to the operator of a vehicle that is a commercial motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.

Exception

(4) Subsection (3) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.

Permit holder as owner

(5) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the motor vehicle mentioned in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle or motor vehicle, as the case may be, at the time the offence was committed.

Exception

(6) Subsection (5) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.

Presiding judge

47. The counsel or agent acting on behalf of the Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.

Penalties

48. (1) An individual convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues.

Corporation

(2) A corporation convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.

Subsequent conviction

(3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), 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;

(c) the Ontario Water Resources Act; or

(d) the Pesticides Act.

Monetary benefit

(4) A court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.

Suspension

49. (1) If a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act or the regulations made under any of them, on the application of a Director, a justice of the peace may make an order under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid,

(a) one or more of the person's certificates, licences or approvals be suspended; and

(b) no certificate, licence or approval be issued to the person.

Suspension by Director

(2) On being informed of an outstanding order mentioned in subsection (1), the Director may suspend the person's certificate, licence or approval, if it is not already suspended under another order mentioned in that subsection.

Reinstatement

(3) On being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the certificate, licence or approval are paid, the Director shall reinstate the certificate, licence or approval, as the case may be, unless the Director has been informed that,

(a) there is another outstanding order mentioned in subsection (1) directing that the certificate, licence or approval be suspended; or

(b) the certificate, licence or approval is suspended under any other order or under another Act.

Order to prevent damage

50. (1) On its own initiative or on the request of the prosecutor, a 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 the action, including but not limited to providing an alternate water supply, that 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; or

(b) to comply with any order that a 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.

Other conditions

(2) An order described in subsection (1) may contain those other conditions that,

(a) relate to the circumstances of the offence and the circumstances of the person that contributed to the commission of the offence; and

(b) the court considers appropriate to prevent similar unlawful conduct or to contribute to the person's rehabilitation.

Variation of order

(3) The court that made the order may make any changes in, or additions to, the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances if,

(a) on its own initiative, it holds a hearing or obtains the consent of the parties to dispense with a hearing; or

(b) on application by counsel for the prosecutor, by the person convicted or by the counsel or agent for the person convicted, with notice to the other party, it holds a hearing or the parties consent to dispense with a hearing.

Conflict

(4) Nothing in this section authorizes the court to make an order that conflicts with an order previously made under this Act by a Director or provincial officer, but the court may make an order under this section supplementing the provisions of an order of a Director or provincial officer.

Continuation in force

(5) If a person bound by a court order made under this section is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.

Order for remedial work

51. On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act may, in addition to, or in substitution in whole or in part for, any other penalty imposed by the court, order the person to carry out an alternative penalty such as,

(a) performing remedial work on the environment; or

(b) making payment to a third party for the purposes of educational or remedial work done by or for the third party.

PART VII
GENERAL

Other Acts

52. This Act does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act in any situation where any of those Acts applies.

Effect of orders, etc.

53. (1) A certificate, licence, approval or order issued by a person or body authorized to do so under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was issued or directed, and on any other successor or assignee of the person to whom it was issued or directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Definition

(3) In this section,

"receiver" means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver.

Receivers and trustees

(4) A certificate, licence, approval or order that is issued by a person or body authorized to do so under this Act and that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(5) If, pursuant to subsection (4), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee's reasonable costs of holding or administering the assets.

Exception

(6) Subsection (4) does not apply to an order that is issued by a person or body authorized to do so under this Act and that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies a Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified a Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(7) A Director may extend the 10-day period for giving notice under clause (6) (a), before or after it expires, on the conditions that the Director considers appropriate.

Form of notice

(8) Notice under clause (6) (a) or (b) must be given in the manner prescribed by the regulations.

Service

54. (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail addressed to the person to whom delivery or service is required to be made at the person's last known address; or

(c) given or served in accordance with the prescribed manner.

Service by mail

(2) If service is made by mail, it shall be deemed to have been 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 notice or order until a later date.

Documents as evidence

55. (1) A document that is a certificate, licence or approval, an order issued under this Act or a record made under this Act and that purports to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or position of the person appearing to have signed the document.

Report of analyst

(2) A report that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the report without proof of the signature or position of the person appearing to have signed the report.

Delegation of powers

56. (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the powers and duties relating to,

(a) the establishment, maintenance and operation of a registry described in clause 6 (2) (n);

(b) the review of any nutrient management plans or nutrient management strategies;

(c) the issuing, amending, suspending or revoking of certificates, licences and approvals; or

(d) the doing of any other prescribed work, other than anything for the purposes of Part IV, V or VI.

Definition

(2) In this section,

"delegation agreement" means an agreement described in subsection (1).

Contents of agreement

(3) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and all other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.

Regulation

(4) A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.

Revocation of delegation

(5) The Minister may by regulation revoke a delegation in whole or in part if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so.

Effect of regulation

(6) The delegation is revoked by a regulation made under subsection (5) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.

Notice

(7) The Minister may give the delegate that notice of the Minister's intention to make a regulation under subsection (5) that the Minister considers reasonable in the circumstances.

Other remedies

(8) The power to revoke a delegation is in addition to, and does not bar or affect, the Minister's right to exercise any other remedy under the delegation agreement or at law.

Obligations of delegate

(9) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.

Appointment of directors

(10) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for the terms of office that the Minister considers appropriate.

Remuneration and expenses

(11) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.

Annual report

(12) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.

Additional reports

(13) A delegate shall provide the additional reports to the Minister that the delegation agreement requires or the Minister requests.

Regulations

(14) The Minister may make regulations,

(a) prescribing the powers and duties of the Minister that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership, corporation or unincorporated association to whom the powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.

Crown liability

57. (1) The following persons are not agents of the Crown for any purpose, despite the Crown Agency Act, and shall not hold themselves out as such:

1. Persons appointed under clause 6 (2) (h), (i) or (l) who are not Crown employees within the meaning of the Public Service Act.

2. Delegates under section 56.

Same, delegation

(2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty by a person appointed under clause 6 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act;

(b) for any tort committed by a person described in clause (a) or an employee or agent of the person in relation to a power or duty described in that clause;

(c) for any act done in the execution or intended execution of a power or duty delegated under section 56 or for an alleged neglect or default in the execution of a power or duty delegated under that section; or

(d) for any tort committed by a delegate under section 56 or an employee or agent of the delegate in relation to a power or duty delegated under that section.

Immunity

(3) No action or other proceeding shall be brought against the Crown, a Crown employee within the meaning of the Public Service Act, a person appointed under clause 6 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act, an employee of that person, a person or body to whom powers and duties of the Minister are delegated under section 56 or an employee of a person or body to whom powers and duties of the Minister are delegated under that section arising from any inaccuracy contained in a record that is filed in a registry described in clause 6 (2) (n).

Same, exempting regulation

(4) No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain a certificate, licence or approval.

No personal liability

(5) Except in the case of an application for judicial review or an action or proceeding that any Act or regulation under this or any other Act specifically provides with respect to a person mentioned in this subsection, no action or other proceeding for damages or otherwise shall be instituted against an employee of the Ministry, a Director, a provincial officer, a member of the Tribunal or of a committee described in clause 6 (2) (z.2) or a Crown employee within the meaning of the Public Service Act, who is acting under the direction of that employee, Director, provincial officer or member, for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority.

Crown liability

(6) Subsection (5) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Payment of fees

58. (1) The Minister may,

(a) establish fees that are payable in respect of any matter under this Act;

(b) specify what persons are required to pay the fees and to whom the fees are payable;

(c) provide for the retention of all or part of the fees by the person to whom they are payable; and

(d) provide for the refund of fees.

Obligation to pay

(2) A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection.

Regulations

59. The Lieutenant Governor in Council may make regulations,

(a) prescribing additional agricultural crops to be included as the agricultural crops mentioned in the definition of "agricultural operation" in section 2;

(b) prescribing other agricultural activities conducted on, in or over agricultural land to be included in the definition of "agricultural operation" in section 2;

(c) prescribing limits, expansions or clarifications of the activities described in the definition of "agricultural operation" in section 2;

(d) prescribing additional animals, birds or fish to be included in the definition of "farm animals" in section 2;

(e) exempting any agricultural operation, person or thing or class of agricultural operation, person or thing from the application of this Act, the regulations or a provision of this Act or the regulations and prescribing conditions for the exemptions;

(f) prescribing anything described as prescribed or specified in the regulations or described as prepared or done in accordance with the regulations;

(g) respecting procedures for inspections under Part IV, including procedures to prevent the transmission of contagious diseases, and requiring inspectors to follow the procedures;

(h) prescribing procedures for the purposes of section 49;

(i) defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act;

(j) respecting anything that is necessary or advisable for the purposes of the enforcement of this Act and the regulations.

Powers in regulations

60. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

Classes

(2) A regulation may apply in respect of any class of activity, matter, person or thing.

Same

(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.

Adoption of codes

(4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure, and may require compliance with any code, formula, standard, guideline, protocol or procedure so adopted.

Amendments to codes

(5) The power to adopt by reference and require compliance with a code, formula, standard, guideline, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, guideline, protocol or procedure as it may be amended from time to time after the regulation is made.

When effective

(6) The adoption of an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.

By-law superseded

61. (1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation.

By-law inoperative

(2) A by-law or a provision of a by-law that is superseded under subsection (1) is inoperative while the regulation is in force.

PART VIII
COMPLEMENTARY AMENDMENTS

Environmental Protection Act

62. (1) Subsection 6 (2) of the Environmental Protection Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002.

(2) The definition of "offence" in subsection 48 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 8, is repealed and the following substituted:

"offence" means offence under this Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act or the Pesticides Act; ("infraction")

(3) Section 156.2 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 15, is repealed and the following substituted:

Power to administer other Acts

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 Nutrient Management Act, 2002, the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 13, 14 or 23 of the Nutrient Management Act, 2002;

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

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

(4) Section 165 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 25 and amended by 2001, chapter 17, section 2, is further amended by inserting "section 13, 14 or 16 of the Nutrient Management Act, 2002" after "158 of this Act".

(5) Subsection 174 (2) of the Act, as amended by the Statutes of Ontario, 2001, chapter 17, section 2, is further amended by adding the following clause:

(g.1) the Nutrient Management Act, 2002;

(6) Section 188 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 38, is amended by adding the following clause:

(a.1) the Nutrient Management Act, 2002;

(7) Subsection 191 (1) of the Act is amended by inserting "the Nutrient Management Act, 2002" after "this Act".

Farming and Food
Production Protection Act, 1998

63. (1) Section 2 of the Farming and Food Production Protection Act, 1998 is amended by adding the following subsections:

Not a normal farm practice

(1.1) A practice that is inconsistent with a regulation made under the Nutrient Management Act, 2002 is not a normal farm practice.

Reference to Board

(1.2) A judge who is required to make a determination as to whether a farm practice is a normal farm practice may refer the matter to the Board for a hearing and require the Board to report to the judge.

(2) The Act is amended by adding the following section:

Limitation on power of Board

6.1 Despite any provision in section 4, 5 or 6 that gives the Board the power to determine whether a farm practice is a normal farm practice, the Board shall determine that a farm practice is a normal farm practice for the purposes of this Act if the practice is consistent with a regulation made under the Nutrient Management Act, 2002.

Highway Traffic Act

64. Paragraph 4 of subsection 62 (15.1) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 103, is amended by inserting "the Nutrient Management Act, 2002" after "Environmental Protection Act".

Ontario Water Resources Act

65. (1) Section 15.2 of the Ontario Water Resources Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 47, is repealed and the following substituted:

Power to administer other Acts

15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002 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;

(b) section 13, 14 or 23 of the Nutrient Management Act, 2002; or

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

(2) Section 24 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 59, is amended by inserting "section 13, 14 or 16 of the Nutrient Management Act, 2002" after "Environmental Protection Act".

(3) Clause 110 (b) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 35, section 73, is repealed and the following substituted:

(b) the Environmental Protection Act, other than for an offence related to Part IX of that Act;

(b.1) the Nutrient Management Act, 2002; or

. . . . .

(4) Subsection 113 (1) of the Act is amended by inserting "the Nutrient Management Act, 2002" after "the Environmental Protection Act".

Pesticides Act

66. (1) Section 19.2 of the Pesticides Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 80, is repealed and the following substituted:

Power to administer other Acts

19.2 A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002 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;

(b) section 13, 14 or 23 of the Nutrient Management Act, 2002; or

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

(2) Section 26 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 90, is amended by inserting "section 13, 14 or 16 of the Nutrient Management Act, 2002" after "Environmental Protection Act".

(3) Subsection 45 (4) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by striking out "or" at the end of clause (b) and by adding the following clause:

(b.1) the Nutrient Management Act, 2002; or

. . . . .

(4) Subsection 47 (1) of the Act is amended by inserting "the Nutrient Management Act, 2002" after "the Environmental Protection Act".

PART IX
COMMENCEMENT
AND SHORT TITLE

Commencement

67. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

68. The short title of this Act is the Nutrient Management Act, 2002.

[37] Bill 81 As Amended by Standing Committee (PDF)

Bill 81 2001

An Act to provide
standards with respect to
the management of materials
containing nutrients used on lands,
to provide for the making of regulations
with respect to farm animals and lands
to which nutrients are applied,
and to make related amendments
to other Acts

CONTENTS

PART I PURPOSE, DEFINITIONS AND ADMINISTRATION

0.1 Purpose 1. Definitions 2. Directors 3. Provincial officers 4. Analysts

PART II MANAGEMENT OF MATERIALS CONTAINING NUTRIENTS AND REGULATIONS RESPECTING FARM ANIMALS

5. Nutrient management standards 6. Regulations, farm animals, etc.

PART III HEARING BY TRIBUNAL

7. Notice of Director's action 8. Right to hearing 9. No automatic stay 10. Powers of Tribunal

PART IV INSPECTIONS AND ORDERS

Inspections

11. Identification 12. Inspection without warrant 13. Inspection of vehicles and vessels 14. Power to administer other Acts 15. Order for entry or inspection 16. Condition to permit inspections 17. Order to prohibit entry 18. Order of justice 19. Securing of place or thing 20. Use of force 21. Samples and copies

22. Seizure during inspection 23. Disposition of certain things 24. Order for tracking 25. Police assistance 26. Restoration of excavation 27. Matters confidential

Orders

28. Order for preventive measures 29. Compliance order 30. Amendment or revocation of order 31. Review of order

PART V REMEDIAL WORK DONE BY MINISTRY

32. Minister's action 33. Director's order 34. Entry 35. Order to pay costs 36. Enforcement of order 37. Lien on real property 38. Where lands not owned by farmer

PART VI ENFORCEMENT

39. Administrative penalties 40. Order to restrain 41. No obstruction 42. Offences 43. Limitation period 44. Service of offence notice 45. Service for motor vehicles 46. Presiding judge 47. Penalties 48. Suspension 49. Order to prevent damage 50. Order for remedial work

PART VII GENERAL

51. Other Acts 52. Effect of orders, etc. 53. Service 54. Documents as evidence 55. Delegation of powers 56. Crown liability 57. Payment of fees 58. Regulations 59. Powers in regulations 60. By-law superseded

PART VIII COMPLEMENTARY AMENDMENTS

61. Environmental Protection Act 62. Farming and Food Production Protection Act, 1998 63. Highway Traffic Act 64. Ontario Water Resources Act 65. Pesticides Act

PART IX COMMENCEMENT AND SHORT TITLE

66. Commencement 67. Short title

______________

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

PART I
PURPOSE, DEFINITIONS
AND ADMINISTRATION

Purpose

0.1 The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development.

Definitions

1. In this Act,

"agricultural machinery and equipment" includes equipment used for the management of materials containing nutrients; ("machines et matériel agricoles")

"agricultural operation" means an agricultural, aquacultural, horticultural or silvicultural operation and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer's agricultural operation,

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation, and

(j) any other agricultural activity prescribed by the regulations, conducted on, in or over agricultural land; ("exploitation agricole")

"analyst" means an analyst appointed under subsection 4 (1); ("analyste")

"approval" means an approval of a nutrient management plan or a nutrient management strategy that is issued in accordance with a regulation made under clause 5 (2) (h), (i) or (k); ("approbation")

"certificate" means a certificate to carry out prescribed nutrient management practices that is issued in accordance with a regulation made under clause 5 (2) (c); ("certificat")

"Director" means a Director appointed under subsection 2 (1); ("directeur")

"discharge", when used as a verb, includes to add, deposit, emit or leak and, when used as a noun, includes an addition, deposit, emission or leak; ("rejet", "rejeter")

"farm animal" means,

(a) livestock, including poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk,

(f) game animals and birds, or

(g) any additional animals, birds or fish prescribed by the regulations; ("animal d'élevage")

"farmer" means the owner or operator of an agricultural operation; ("agriculteur")

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

"licence" means a licence for applying materials containing nutrients to land that is issued in accordance with a regulation made under clause 5 (2) (e); ("permis")

"management", in respect of materials containing nutrients, includes the collection, purchase, acquisition, storage, handling, treatment, sale, transfer, transportation, application, use and disposal of the materials, and "manage" has a corresponding meaning; ("gestion", "gérer")

"Minister" means the Minister responsible for the administration of this Act unless the context indicates otherwise; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"natural environment" means the air, land and water of the Province of Ontario or any combination or part of them; ("environnement naturel")

"nutrient" means fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper sludge, and other material applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of "nutrient"; ("élément nutritif")

"nutrient management plan" means a plan for the management of materials containing nutrients that may be applied to lands, which plan is prepared in accordance with the regulations; ("plan de gestion des éléments nutritifs")

"nutrient management strategy" means a plan prepared by a municipality or generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; ("stratégie de gestion des éléments nutritifs")

"prescribed" means prescribed by the regulations; ("prescrit")

"processing" includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from an agricultural operation and are conducted as a part of an agricultural operation; ("traitement")

"provincial officer" means a provincial officer designated under subsection 3 (1); ("agent provincial")

"regulations" means the regulations made under this Act; ("règlements")

"Tribunal" means the Environmental Review Tribunal. ("Tribunal")

Directors

2. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as Directors, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) subject to the approval of the Lieutenant Governor in Council, those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable.

Provincial officers

3. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, designate as provincial officers, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation.

Limitation of authority

(3) In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable.

Peace 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.

Analysts

4. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as analysts, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable.

PART II
MANAGEMENT OF MATERIALS
CONTAINING NUTRIENTS
AND REGULATIONS
RESPECTING FARM ANIMALS

Nutrient management standards

5. (1) The Lieutenant Governor in Council may make regulations,

(a) establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses;

(b) establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a);

(c) requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b).

Same

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) governing the management of materials containing nutrients including,

(i) specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in subsection 1 (1) of the Building Code Act, 1992,

(ii) specifying standards relating to the construction, on an agricultural operation, of the buildings or structures to which subclause (i) applies and requiring excavations to be carried out around them, including the formation of earth barriers, and specifying standards for the excavations,

(iii) respecting the amount of materials containing nutrients that may be applied to lands, the quality of the materials and the type of land to which the materials or a type of the materials may be applied,

(iv) respecting the time and manner in which materials containing nutrients may be applied to lands,

(v) specifying standards for equipment used to transport and apply materials containing nutrients, and

(vi) respecting technologies used for the management of materials containing nutrients, including prescribing conditions for the use of the technologies and respecting the manner and the circumstances in which they may be used;

(b) requiring farmers and other persons to meet prescribed qualifications and to pass prescribed examinations in relation to the application of materials containing nutrients to lands;

(c) respecting the qualifications, education, training and certification necessary in order to carry out prescribed management practices and prohibiting persons other than those with the prescribed qualifications, education, training or certification from performing the prescribed nutrient management practices in an agricultural operation;

(d) prohibiting persons from engaging in the business of applying materials containing nutrients to lands unless licensed to do so;

(e) respecting the licensing of persons who are engaged in the business of applying materials containing nutrients to lands, respecting applications for the licences and the issuing, renewing, expiration, suspension and cancellation of the licences, respecting the qualifications for the licences and specifying the conditions of the licences;

(f) prohibiting the application of materials containing nutrients to lands except in accordance with a nutrient management plan prepared or approved in accordance with the regulations and permitting deviations from the plan in the circumstances specified in the regulations or where the deviation is approved by a person specified in the regulations;

(g) governing the preparation of nutrient management plans, requiring farmers and others to ensure that a nutrient management plan is prepared in relation to their operations and specifying the method according to which the plan must be prepared and the contents of the plan;

(h) requiring that nutrient management plans for agricultural operations, or for prescribed classes of agricultural operations, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(i) requiring that nutrient management strategies for municipalities and generators of prescribed materials, or for prescribed classes of those municipalities and generators, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(j) providing for the issue of approvals and their termination and amendment;

(k) specifying the length of time for which a nutrient management plan or a nutrient management strategy is valid and requiring that, at the prescribed times or when there is a prescribed change in the agricultural operation or other prescribed activity, a new plan or strategy be prepared and approved or an existing plan or strategy be amended and approved;

(l) providing for the amendment or termination of nutrient management plans or nutrient management strategies by persons who are appointed by any Minister responsible for the administration of a provision of this Act for the purposes of doing those amendments or terminations, if the plans or strategies are not in accordance with the regulations;

(m) requiring that a nutrient management plan, nutrient management strategy or any other record or document required under this Act be,

(i) kept by the farmer or the other persons that are specified in the regulations for the period of time specified in the regulations, or

(ii) filed in accordance with the requirements specified in the regulations;

(n) providing for the establishment of a registry in which nutrient management plans, nutrient management strategies and other prescribed documents relating to this Act shall be recorded or providing for the use of any other registry for recording those plans, strategies and documents;

(o) providing for access to the documents in a registry described in clause (n) or portions of them;

(p) requiring that persons who manage materials containing nutrients gather samples of them in accordance with the requirements specified in the regulations and submit them, in accordance with the requirements specified in the regulations, to prescribed persons for the purpose of a chemical analysis;

(q) governing the manner in which the chemical analysis mentioned in clause (p) is to be performed and requiring that the persons who perform it make the reports on it that are specified in the regulations;

(r) requiring that studies be conducted in relation to the use of materials containing nutrients on lands, including topographical studies and studies to determine soil types on those lands and studies to determine the depth, volume, direction of flow and risk of contamination of water located on, in and under those lands;

(r.1) requiring that the studies mentioned in clause (r) be conducted by a person who has the prescribed qualifications;

(r.2) requiring that the recommendations, if any, contained in the studies mentioned in clause (r) be followed in the use of materials containing nutrients on the lands being studied;

(s) respecting minimum distance separation requirements between,

(i) lands to which materials containing nutrients are applied or places in which materials containing nutrients are stored or farm animals are housed, and

(ii) properties surrounding the lands or places described in subclause (i) or those other places or geographic features that are specified in the regulations;

(t) requiring that materials containing nutrients be managed in an environmentally responsible manner as specified in the regulations by persons who are engaged in the purchase, acquisition, resale or disposal of materials containing nutrients or who are otherwise engaged in the trading of materials containing nutrients;

(u) governing the use of innovative technologies in the management of materials containing nutrients used by and on agricultural operations, including specifying conditions for the use of those technologies and respecting the manner and the circumstances in which they may be used;

(v) requiring a farmer or whatever other person is specified in the regulations to prepare records or documents in relation to the management of materials containing nutrients and those other matters that are specified in the regulations;

(w) requiring that a nutrient management plan, nutrient management strategy or any other record or document that must be prepared, kept or filed under this Act, be prepared, kept or filed in an electronic format and respecting requirements for the preparation, keeping and filing of those plans, records and documents in an electronic format;

(x) prohibiting a farmer from,

(i) constructing a structure or a building to be used to house farm animals or to store materials containing nutrients,

(ii) enlarging an existing structure or building that is used to house farm animals or to store materials containing nutrients, or

(iii) converting an existing structure or building into one that is used to house farm animals or to store materials containing nutrients,

unless the farmer has,

(iv) prepared and filed a nutrient management plan or a nutrient management strategy in accordance with the requirements specified in the regulations, and

(v) met the requirements specified in the regulations with respect to the site and construction of the structure or building;

(y) respecting the issuance of certificates to a farmer as evidence that the farmer is in compliance with this Act and the regulations and respecting the cancellation, expiry and renewal of the certificates;

(z) providing for the establishment and operation of local committees to assist in the doing of any prescribed matters including mediation of disputes in connection with the management of materials containing nutrients on lands.

Director's powers

(3) A Director may, in accordance with the regulations,

(a) issue, amend, suspend or revoke a certificate, licence or approval; or

(b) impose or amend conditions on a certificate, licence or approval.

Regulations, farm animals, etc.

6. The Lieutenant Governor in Council may make regulations,

(a) regulating the use of prescribed nutrients on lands used for the production of prescribed crops;

(b) regulating the access of farm animals and persons to lands to which prescribed nutrients have been applied;

(c) governing the location and operation of feed lots and other places where farm animals are kept outside;

(d) restricting the access of farm animals to water and watercourses;

(e) governing the disposal, storage and transportation of dead farm animals.

PART III
HEARING BY TRIBUNAL

Notice of Director's action

7. (1) A Director who issues or amends a certificate, licence or approval, who imposes or amends conditions on a certificate, licence or approval or who suspends or revokes a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the holder of the certificate, licence or approval, as the case may be.

Non-issuance or non-renewal

(2) A Director who refuses to issue or renew a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the person to whom the Director refused to issue or renew the certificate, licence or approval, as the case may be.

Right to hearing

8. (1) A person who receives a notice described in subsection 7 (1) or (2) may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of the notice described in that subsection.

Same, order

(2) If a Director makes, amends, revokes or is deemed to have made an order under this Act, the person to whom the order is directed may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of notice of the order.

No order

(3) The refusal by the Director to make, amend or revoke an order does not itself constitute an order.

No right to hearing

(4) A person is not entitled to require a hearing under subsection (1) or (2) if the person receives,

(a) notice that the Director has issued the certificate, licence or approval for which the person applied; or

(b) notice of an action that the Tribunal has directed the Director to take under clause 10 (1) (b).

Extension of time

(5) The Tribunal shall extend the time in which a person may give a notice under subsection (1) or (2) requiring a hearing on a decision or order if, in the Tribunal's opinion, it is just to do so because service of the decision or order on the person did not give the person notice of the decision or order.

Contents of notice

(6) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the certificate, licence, approval or order in respect of which the hearing is required; and

(b) the grounds on which the applicant for the hearing intends to rely at the hearing.

Effect of contents of notice

(7) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the certificate, licence, approval or order, or to rely on a ground, that is not stated in the applicant's notice requiring the hearing.

Leave by Tribunal

(8) The Tribunal may grant the leave mentioned in subsection (7) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give the directions that the Tribunal considers proper consequent upon the granting of the leave.

No automatic stay

9. (1) The commencement of a hearing before the Tribunal does not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to pay the costs of work made under section 35.

Grant of stay

(2) The Tribunal may, on the application of a party to a hearing before it, stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to monitor, record and report.

Parties

(3) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.

No stay

(4) The Tribunal shall not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required if doing so would result in,

(a) danger to the health or safety of any person;

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

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

Application for removal of stay

(5) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.

Application by new party

(6) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.

Removal of stay

(7) The Tribunal, on the application of a party under subsection (5) or (6), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c).

Conditions

(8) The Tribunal may impose conditions on granting or removing a stay under this section.

Powers of Tribunal

10. (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may,

(a) confirm, alter or revoke the action of the Director that is the subject-matter of the hearing;

(b) by order direct the Director to take the action that the Tribunal considers the Director should take in accordance with this Act and the regulations;

(c) for the purposes of clauses (a) and (b), substitute its opinion for that of the Director.

Appeal to court

(2) A party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

Appeal to Minister

(3) A party to a hearing before the Tribunal may, within 30 days after receiving the decision of the Tribunal or within 30 days after final disposition of an appeal, if any, under subsection (2), appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as the Minister considers in the public interest.

No automatic stay

(4) An appeal of a decision of the Tribunal to the Divisional Court or to the Minister does not stay the operation of the decision unless the Tribunal orders otherwise.

Power of court or Minister

(5) If a decision of the Tribunal is appealed to the Divisional Court or to the Minister, the Divisional Court or the Minister may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (4).

PART IV
INSPECTIONS AND ORDERS

Inspections

Identification

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

Inspection without warrant

12. (1) For the purposes of the administration of this Act or the regulations, a provincial officer may, without warrant or court order, enter and inspect, in accordance with this section, any land or premises that,

(a) are used by, or are part of, an agricultural operation or other operation regulated under this Act; or

(b) the officer believes on reasonable grounds contain documents relating to an agricultural operation or other operation regulated under this Act.

Dwellings

(2) A provincial officer shall not exercise a power conferred by this section to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order issued under section 15.

Time of entry

(3) A provincial officer shall not exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order except during daylight hours or at any other time during which work is being carried out on the land or at the premises.

Exception

(4) Despite subsection (3), a provincial officer may exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order if delay in exercising the power would result in,

(a) danger to the health or safety of any person;

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

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

(d) the disappearance or deterioration of evidence that the inspection could produce.

Powers on inspection

(5) During an inspection made under subsection (1), a provincial officer may,

(a) make necessary excavations;

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

Records

(6) A record made under clause (5) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Removal of documents or data

(7) A provincial officer shall not remove documents or data under clause (5) (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

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

Inspection of vehicles and vessels

13. (1) In this section,

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

Requirement to stop

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

Compliance

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

Signal to stop

(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.

Inquiries and inspection

(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 licences, 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.

Means of containment

(7) Based on the 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 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, the Environmental Protection Act or the Transportation of Dangerous Goods Act, 1992 (Canada).

Opening

(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.

Powers of inspection

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise any powers under subsection 12 (5) that are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 12 (6), (7) and (8) apply to the exercise of a power under subsection (9).

Power to administer other Acts

14. A provincial officer who exercises any power set out in section 12, 13 or 22 may, if the provincial officer is designated as such under the Environmental Protection Act, the Ontario Water Resources 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;

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

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

Order for entry or inspection

15. (1) A justice may issue an order authorizing a provincial officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that it is appropriate for the administration of this Act or the regulations for the officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) and that the 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 described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9);

(c) there are reasonable grounds to believe that a person may prevent a provincial officer from doing anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9);

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

(e) there are reasonable grounds to believe that an attempt by the officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) without the order might not achieve the purpose of the thing or might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 12 (6), (7) and (8) 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.

Time of execution

(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.

Condition to permit inspections

16. It is a condition of every licence or approval that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 12, 13 or 15 of this Act, section 156, 156.1 or 158 of the Environmental Protection 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 or approval relates.

Order to prohibit entry

17. (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 12, 13 or 15.

2. During the time required for the officer to obtain an order under section 15 of this Act or a warrant under section 158 of the Provincial Offences Act.

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

Requirements for order

(2) A provincial officer shall not issue an order under subsection (1) unless the 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 materials containing nutrients into the natural environment from the land, place or thing and an adverse effect described in subsection (3) has resulted or is likely to result from the discharge.

Effect

(3) The adverse effect mentioned in clause (2) (c) is an effect that is one or more of the following:

1. Impairment of the quality of the natural environment for any use that can be made of it.

2. Injury or damage to property or to plant or animal life.

3. Harm or material discomfort to any person.

4. An adverse effect on the health of any person.

5. Impairment of the safety of any person.

6. Rendering any property or plant or animal life unfit for human use.

7. Interference with the normal conduct of business.

Notice of order

(4) The provincial officer shall give notice of the order in the manner that the officer considers appropriate in the circumstances.

Contents of notice

(5) Notice of the order shall include an explanation of the rights provided by subsections (7) and (8).

Order not effective where no notice

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

Request for rescission

(7) 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

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

Same

(9) For the purposes of subsection (8), the Director may substitute the Director's own opinion for that of the provincial officer.

Rescission of order

(10) A Director who rescinds an order under subsection (8) shall give those directions to a provincial officer that the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

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

Duration of order

(12) An order described in subsection (1) shall be effective,

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

(b) where the inspection or search mentioned in subsection (1) is under an order under section 15 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, until the expiration of that time.

Order of justice

18. (1) If a justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds 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.

Duration of prohibition

(2) The prohibition under the justice's order shall, subject to subsection (3), be for the period of time set out in the order.

Expiry

(3) Unless renewed, an order made 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 made 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.

Application for initial order

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

Application for renewal order

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

Requirements for renewal

(7) In an order made 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 made under subsection (1) or (4) in the manner that the officer considers appropriate in the circumstances.

Order ineffective

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

Securing of place or thing

19. If an order made under section 17 or 18 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 other means that the 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.

Use of force

20. A provincial officer may use the force that is reasonably necessary,

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

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

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

Samples and copies

21. A provincial officer may detain samples and copies obtained under section 12, 13 or 15 for any period and for any of the purposes of this Act and the regulations.

Seizure during inspection

22. (1) During an inspection under section 12, 13 or 15, a provincial officer may, without a warrant or court order, seize any thing that is produced to the officer or that is in plain view, if,

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

(b) the 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.

Report to justice

(2) A provincial officer who seizes any thing during an inspection under section 12, 13 or 15 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

Application of Provincial Offences Act

(3) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection under section 12, 13 or 15.

Disposition of certain things

23. (1) If the Director believes that, given the nature of a thing seized during an inspection under section 12, 13 or 15, 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.

Perishables

(2) If the person having custody of any thing seized during an inspection under section 12, 13 or 15 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provisions

(3) Subsections 22 (2) and (3) do 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

(5) If a thing has been disposed of in accordance with subsections (1) to (4), 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 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 officer knows or has reason to believe is the owner.

Contents of notice

(6) The notice 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 the officer's 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 Superior Court of Justice for relief against the forfeiture.

Order for tracking

24. (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 any thing.

Issuance of order

(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,

(a) an offence against this Act has been or will be committed; and

(b) 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.

Conditions of order

(5) An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances.

Activities under order

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

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

(b) monitor, or 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 whatever shorter period is specified in the order.

Further orders

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

Police assistance

25. (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of any thing, the officer may,

(a) take those steps and employ the assistance that is necessary to accomplish what is required; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Same

(2) It is the duty of every member of a police force called to render assistance under clause (1) (b) to render the assistance.

Restoration of excavation

26. A provincial officer who makes or causes the making of an excavation in the course of performing duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.

Matters confidential

27. (1) Except as to information in respect of the discharge of materials containing nutrients into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to the officer's knowledge in the course of any inspection under this Act or the regulations and shall not communicate the matters to any person except,

(a) as may be required in connection with the administration of,

(i) this Act or a prescribed Act,

(ii) the regulations made under this Act or a prescribed Act, or

(iii) any proceeding under an Act mentioned in subclause (i) or the regulations made under that Act;

(b) to the officer's counsel; or

(c) with the consent of the person to whom the information relates.

Testimony in civil suit

(2) Except in a proceeding described in subclause (1) (a) (iii), no provincial officer shall be required to give testimony, other than testimony in respect of the discharge of materials containing nutrients into the natural environment, in any civil suit or proceeding with regard to information obtained by the officer in the course of the administration of this Act or the regulations.

Orders

Order for preventive measures

28. (1) A provincial officer or Director may issue an order to any person who owns or who has management or control of lands or premises that the officer or Director, as the case may be, is authorized to enter under section 12, 13 or 15 if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 17 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on or in the lands and premises.

Information 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) specify that the person to whom the order is directed has the right to request,

(i) a review of the order by a Director in accordance with section 31, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 8, if the order is made or deemed to be made by a Director.

Contents of order

(3) The order may require the person to whom it is directed to,

(a) take, within the time specified, whatever steps are specified in it to prevent, decrease or eliminate an adverse effect described in subsection 17 (3) that will result or is likely to result from the discharge of materials containing nutrients into the natural environment, other than the air, from anything undertaken on or in the lands and premises; and

(b) report to the provincial officer, within the time specified, on the steps mentioned in clause (a).

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Compliance order

29. (1) A provincial officer or Director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a certificate, licence or approval may make an order directing the person to comply with the Act, regulations, certificate, licence or approval, as the case may be, immediately or within the time specified in the order.

Contents of order

(2) The order shall,

(a) specify the provisions of this Act or the regulations or the conditions of a certificate, licence or approval that the provincial officer believes the person to have contravened;

(b) briefly describe the nature and, where applicable, the location of the contravention;

(c) describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and

(d) specify that the person has the right to request,

(i) a review of the order by a Director in accordance with section 31, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 8, if the order is made or deemed to be made by a Director.

Service

(3) The provincial officer or Director who makes the order shall have it served on the person.

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Amendment or revocation of order

30. (1) If a provincial officer makes an order under subsection 28 (1) or 29 (1), the officer or a Director may, by order, amend or revoke it.

Notice

(2) Upon amending or revoking an order under subsection (1), the provincial officer or Director shall give written notice of the amendment or revocation to the person to whom the order is directed.

Review of order

31. (1) A person to whom an order made by a provincial officer under subsection 28 (1) or 29 (1) is directed may, within seven days after being served with a copy of the order, request that a Director review the order.

Form of 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

(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 person is requesting the review;

(b) any submissions that the person 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 whatever other means of service that the regulations specify.

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 the Director's 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) the decision, if the Director decides to revoke the order of the provincial officer; or

(b) the Director's order and reasons for it, if the Director confirms or alters the order of the provincial officer.

Deemed 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 in accordance with subsection (1) or (2), 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 Director shall be deemed to have made an order confirming the order of the provincial officer.

Notice

(9) For the purpose of an appeal to the Tribunal, a confirming order that subsection (8) deems the Director to have made, shall be deemed,

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

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

PART V
REMEDIAL WORK DONE
BY MINISTRY

Minister's action

32. If an order or decision made under section 28, 29, 30 or 31 is stayed, the Minister may cause to be done any thing required by the order or decision.

Director's order

33. (1) If an order or decision made under section 28, 29, 30 or 31 is not stayed, a Director may cause to be done any thing required by it if,

(a) a person required by the order or decision to do the thing,

(i) has refused to comply with or is not complying with the order or decision,

(ii) is not likely, in the Director's opinion, to comply with the order or decision promptly,

(iii) is not likely, in the Director's opinion, to carry out the order or decision competently, or

(iv) requests the assistance of the Director in complying with the order or decision; or

(b) in the Director's opinion, it would be in the public interest to do so.

Notice

(2) The Director shall give notice of an intention to cause a thing to be done under subsection (1) to each person required by an order or decision made under this Act to do the thing, except if the identity of the person cannot be ascertained.

Reaction to notice

(3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director.

Entry

34. (1) A person who is responsible for doing a thing under section 33 may, for the purpose, enter onto any land or into any place where 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 are reasonable grounds to believe that entry onto land or into a place is necessary for the purpose of doing a thing under section 33, may make 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 made 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 the additional periods that the justice considers necessary.

Police assistance

(5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may,

(a) take those steps and employ the assistance that is necessary to accomplish the thing; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Assistance

(6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order.

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.

Identification

(8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.

Order to pay costs

35. (1) If a person is required to do any thing by an order or decision made under this Act and the Director causes the thing to be done under section 33, the Director may make an order requiring the person, and any other person whom the Director determines is appropriate, to pay the costs of having the thing done.

Contents of order

(2) The order to pay costs shall include,

(a) a description of things that the Director caused to be done under this Act;

(b) a brief statement of the circumstances giving rise to the Director's decision to cause the things to be done;

(c) a detailed account of the costs incurred in doing the things; and

(d) a direction that the person to whom the order is issued pay the costs to the Minister of Finance.

Increase in cost

(3) At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order.

Enforcement of order

36. (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Lien on real property

37. (1) For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on real property is a thing done in connection with that property, whether or not the work is done on that property.

Costs collected as taxes

(2) If an order to pay costs is directed to a person who owns real property in a municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the municipality shall have a lien on the property for those amounts; they shall be deemed to be municipal taxes in respect of the property and shall be added by the clerk of the municipality to the collector's roll and collected in the same way and with the same priorities as municipal taxes.

Same

(3) A lien created under subsection (2) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.

Remittance

(4) Subject to subsection (6), money collected in accordance with subsection (2), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Minister of Finance.

Definition

(5) In subsections (6) and (7),

"cancellation price" has the same meaning as in the Municipal Tax Sales Act.

Proceeds of tax sale

(6) Where there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.

Cancellation price

(7) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Territory without municipal organization

(8) If an order to pay costs is directed to a person who owns real property in territory without municipal organization, and the Director instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to things done in connection with that property, the Crown shall have a lien on the property for those amounts and they shall be deemed to be taxes in respect of the property imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act.

Details in instruction

(9) An instruction under subsection (2) or (8) shall state which of the amounts specified in the order to pay relate to things done in connection with the property.

Where lands not owned by farmer

38. (1) If an order to pay costs is directed to a farmer in respect of work carried out under section 33 on lands or premises that are not owned by the farmer but are used by the farmer as part of an agricultural operation and pursuant to a nutrient management plan, and if the farmer owns land elsewhere in Ontario, the Director who caused the work to be carried out under that section may,

(a) in the case of land owned by the farmer in a municipality, instruct the clerk of the municipality to recover the amount of the costs as taxes against the land; or

(b) in the case of land owned by the farmer in territory without municipal organization, instruct the Land Tax Collector appointed under the Provincial Land Tax Act to recover the amount of the costs as provincial land taxes under that Act.

Municipal taxes

(2) Subsections 37 (2) to (7) and (9) apply with necessary modifications to the recovery of municipal taxes under clause (1) (a).

Provincial land taxes

(3) Subsections 37 (8) and (9) apply with necessary modifications to the recovery of provincial land taxes under clause (1) (b).

PART VI
ENFORCEMENT

Administrative penalties

39. (1) If a Director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act, other than an order under section 35, or has failed to comply with a condition of a certificate, licence or approval, the Director may, subject to the regulations under subsection (11), 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 under subsection (1) 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

(3) An administrative penalty in respect of a contravention or failure shall not exceed $10,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4) The notice of an administrative penalty served on the person who is required to pay the penalty 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 (11);

(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 Tribunal under subsection (5).

Right to hearing

(5) The 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 Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in that case, the requirement to pay is stayed until the disposition of the matter.

Tribunal's powers

(6) At a hearing by the Tribunal of a matter to which a notice of an administrative penalty relates, the Tribunal may confirm, rescind or amend the notice according to what it considers reasonable in the circumstances, but it shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Regulations

(7) For greater certainty, the regulations made under subsection (11) apply to the Tribunal's decisions under subsection (6).

No offence if penalty is paid

(8) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty pays it in accordance with the notice or the Tribunal's decision, the person shall not be charged with an offence in respect of the contravention or failure to which the penalty relates.

Failure to pay

(9) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty does not pay it in accordance with the notice or the Tribunal's decision,

(a) the notice or decision may be filed with a local registrar of the Superior Court of Justice 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, licence or approval that has been issued to the person until the administrative penalty is paid; and

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

Interest

(10) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (9) 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

(11) 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 and the circumstances in which 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.

Order to restrain

40. (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act, other than an order under section 35 or fails to comply with a condition of a certificate, licence or approval, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.

Court order

(2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.

No obstruction

41. (1) No person shall hinder or obstruct a Director, a provincial officer or any employee or agent of the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry in the performance of duties under this Act.

Providing information

(2) No person shall refuse to provide a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with all information, documents or data that the person is authorized to examine under this Act and the regulations.

False information

(3) No person shall include false or misleading information in any document or data that a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry is authorized to examine under this Act and the regulations.

Same

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

Offences

42. (1) A person is guilty of an offence if the person,

(a) contravenes this Act or the regulations;

(b) fails to comply with the conditions of a certificate, licence or approval; or

(c) fails to comply with an order made by a Director or a provincial officer under this Act.

Directors and officers

(2) Every director or officer of a corporation who knowingly concurs in the commission of an offence by the corporation is guilty of an offence.

Limitation period

43. No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of,

(a) the day on which the offence was committed; and

(b) the day evidence of the offence first came to the attention of a provincial officer.

Service of offence notice

44. (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 corporation or to the clerk of the 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, as the case may be.

Service for motor vehicles

45. (1) In this section,

"commercial motor vehicle", "farm tractor", "motor vehicle" and "self-propelled implement of husbandry" have the same meanings as in the Highway Traffic Act; ("matériel agricole automoteur", "tracteur agricole", "véhicule automobile", "véhicule utilitaire")

"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")

Employer

(2) Delivery of an offence notice or summons to the operator of a vehicle that is a motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle in the course of the operator's employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.

Owner or lessee

(3) Delivery of an offence notice or summons to the operator of a vehicle that is a commercial motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.

Exception

(4) Subsection (3) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.

Permit holder as owner

(5) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the motor vehicle mentioned in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle or motor vehicle, as the case may be, at the time the offence was committed.

Exception

(6) Subsection (5) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.

Presiding judge

46. The counsel or agent acting on behalf of the Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.

Penalties

47. (1) An individual convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues.

Corporation

(2) A corporation convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.

Subsequent conviction

(3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), 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;

(c) the Ontario Water Resources Act; or

(d) the Pesticides Act.

Monetary benefit

(4) A court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.

Suspension

48. (1) If a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act or the regulations made under any of them, on the application of a Director, a justice of the peace may make an order under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid,

(a) one or more of the person's certificates, licences or approvals be suspended; and

(b) no certificate, licence or approval be issued to the person.

Suspension by Director

(2) On being informed of an outstanding order mentioned in subsection (1), the Director may suspend the person's certificate, licence or approval, if it is not already suspended under another order mentioned in that subsection.

Reinstatement

(3) On being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the certificate, licence or approval are paid, the Director shall reinstate the certificate, licence or approval, as the case may be, unless the Director has been informed that,

(a) there is another outstanding order mentioned in subsection (1) directing that the certificate, licence or approval be suspended; or

(b) the certificate, licence or approval is suspended under any other order or under another Act.

Order to prevent damage

49. (1) On its own initiative or on the request of the prosecutor, a 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 the action, including but not limited to providing an alternate water supply, that 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; or

(b) to comply with any order that a 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.

Other conditions

(2) An order described in subsection (1) may contain those other conditions that,

(a) relate to the circumstances of the offence and the circumstances of the person that contributed to the commission of the offence; and

(b) the court considers appropriate to prevent similar unlawful conduct or to contribute to the person's rehabilitation.

Variation of order

(3) The court that made the order may make any changes in, or additions to, the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances if,

(a) on its own initiative, it holds a hearing or obtains the consent of the parties to dispense with a hearing; or

(b) on application by counsel for the prosecutor, by the person convicted or by the counsel or agent for the person convicted, with notice to the other party, it holds a hearing or the parties consent to dispense with a hearing.

Conflict

(4) Nothing in this section authorizes the court to make an order that conflicts with an order previously made under this Act by a Director or provincial officer, but the court may make an order under this section supplementing the provisions of an order of a Director or provincial officer.

Continuation in force

(5) If a person bound by a court order made under this section is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.

Order for remedial work

50. On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act may, in addition to, or in substitution in whole or in part for, any other penalty imposed by the court, order the person to carry out an alternative penalty such as,

(a) performing remedial work on the environment; or

(b) making payment to a third party for the purposes of educational or remedial work done by or for the third party.

PART VII
GENERAL

Other Acts

51. This Act does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act in any situation where any of those Acts applies.

Effect of orders, etc.

52. (1) A certificate, licence, approval or order issued by a person or body authorized to do so under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was issued or directed, and on any other successor or assignee of the person to whom it was issued or directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Definition

(3) In this section,

"receiver" means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver.

Receivers and trustees

(4) A certificate, licence, approval or order that is issued by a person or body authorized to do so under this Act and that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(5) If, pursuant to subsection (4), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee's reasonable costs of holding or administering the assets.

Exception

(6) Subsection (4) does not apply to an order that is issued by a person or body authorized to do so under this Act and that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies a Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified a Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(7) A Director may extend the 10-day period for giving notice under clause (6) (a), before or after it expires, on the conditions that the Director considers appropriate.

Form of notice

(8) Notice under clause (6) (a) or (b) must be given in the manner prescribed by the regulations.

Service

53. (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail addressed to the person to whom delivery or service is required to be made at the person's last known address; or

(c) given or served in accordance with the prescribed manner.

Service by mail

(2) If service is made by mail, it shall be deemed to have been 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 notice or order until a later date.

Documents as evidence

54. (1) A document that is a certificate, licence or approval, an order issued under this Act or a record made under this Act and that purports to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or position of the person appearing to have signed the document.

Report of analyst

(2) A report that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the report without proof of the signature or position of the person appearing to have signed the report.

Delegation of powers

55. (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the powers and duties relating to,

(a) the establishment, maintenance and operation of a registry described in clause 5 (2) (n);

(b) the review of any nutrient management plans or nutrient management strategies;

(c) the issuing, amending, suspending or revoking of certificates, licences and approvals; or

(d) the doing of any other prescribed work, other than anything for the purposes of Part IV, V or VI.

Definition

(2) In this section,

"delegation agreement" means an agreement described in subsection (1).

Contents of agreement

(3) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and all other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.

Regulation

(4) A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.

Revocation of delegation

(5) The Minister may by regulation revoke a delegation in whole or in part if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so.

Effect of regulation

(6) The delegation is revoked by a regulation made under subsection (5) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.

Notice

(7) The Minister may give the delegate that notice of the Minister's intention to make a regulation under subsection (5) that the Minister considers reasonable in the circumstances.

Other remedies

(8) The power to revoke a delegation is in addition to, and does not bar or affect, the Minister's right to exercise any other remedy under the delegation agreement or at law.

Obligations of delegate

(9) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.

Appointment of directors

(10) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for the terms of office that the Minister considers appropriate.

Remuneration and expenses

(11) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.

Annual report

(12) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.

Additional reports

(13) A delegate shall provide the additional reports to the Minister that the delegation agreement requires or the Minister requests.

Regulations

(14) The Minister may make regulations,

(a) prescribing the powers and duties of the Minister that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership, corporation or unincorporated association to whom the powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.

Crown liability

56. (1) The following persons are not agents of the Crown for any purpose, despite the Crown Agency Act, and shall not hold themselves out as such:

1. Persons appointed under clause 5 (2) (h), (i) or (l) who are not Crown employees within the meaning of the Public Service Act.

2. Delegates under section 55.

Same, delegation

(2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty by a person appointed under clause 5 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act;

(b) for any tort committed by a person described in clause (a) or an employee or agent of the person in relation to a power or duty described in that clause;

(c) for any act done in the execution or intended execution of a power or duty delegated under section 55 or for an alleged neglect or default in the execution of a power or duty delegated under that section; or

(d) for any tort committed by a delegate under section 55 or an employee or agent of the delegate in relation to a power or duty delegated under that section.

Immunity

(3) No action or other proceeding shall be brought against the Crown, a Crown employee within the meaning of the Public Service Act, a person appointed under clause 5 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act, an employee of that person, a person or body to whom powers and duties of the Minister are delegated under section 55 or an employee of a person or body to whom powers and duties of the Minister are delegated under that section arising from any inaccuracy contained in a record that is filed in a registry described in clause 5 (2) (n).

Same, exempting regulation

(4) No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain a certificate, licence or approval.

No personal liability

(5) Except in the case of an application for judicial review or an action or proceeding that any Act or regulation under this or any other Act specifically provides with respect to a person mentioned in this subsection, no action or other proceeding for damages or otherwise shall be instituted against an employee of the Ministry, a Director, a provincial officer, a member of the Tribunal or of a committee described in clause 5 (2) (z) or a Crown employee within the meaning of the Public Service Act, who is acting under the direction of that employee, Director, provincial officer or member, for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority.

Crown liability

(6) Subsection (5) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Payment of fees

57. (1) The Minister may,

(a) establish fees that are payable in respect of any matter under this Act;

(b) specify what persons are required to pay the fees and to whom the fees are payable;

(c) provide for the retention of all or part of the fees by the person to whom they are payable; and

(d) provide for the refund of fees.

Obligation to pay

(2) A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection.

Regulations

58. The Lieutenant Governor in Council may make regulations,

(a) prescribing additional agricultural crops to be included as the agricultural crops mentioned in the definition of "agricultural operation" in section 1;

(b) prescribing other agricultural activities conducted on, in or over agricultural land to be included in the definition of "agricultural operation" in section 1;

(c) prescribing limits, expansions or clarifications of the activities described in the definition of "agricultural operation" in section 1;

(d) prescribing additional animals, birds or fish to be included in the definition of "farm animals" in section 1;

(e) exempting any agricultural operation, person or thing or class of agricultural operation, person or thing from the application of this Act, the regulations or a provision of this Act or the regulations and prescribing conditions for the exemptions;

(f) prescribing anything described as prescribed or specified in the regulations or described as prepared or done in accordance with the regulations;

(g) respecting procedures for inspections under Part IV, including procedures to prevent the transmission of contagious diseases, and requiring inspectors to follow the procedures;

(h) prescribing procedures for the purposes of section 48;

(i) defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act;

(j) respecting anything that is necessary or advisable for the purposes of the enforcement of this Act and the regulations.

Powers in regulations

59. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

Classes

(2) A regulation may apply in respect of any class of activity, matter, person or thing.

Same

(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.

Adoption of codes

(4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure, and may require compliance with any code, formula, standard, guideline, protocol or procedure so adopted.

Amendments to codes

(5) The power to adopt by reference and require compliance with a code, formula, standard, guideline, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, guideline, protocol or procedure as it may be amended from time to time after the regulation is made.

When effective

(6) The adoption of an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.

By-law superseded

60. (1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation.

By-law inoperative

(2) A by-law or a provision of a by-law that is superseded under subsection (1) is inoperative while the regulation is in force.

PART VIII
COMPLEMENTARY AMENDMENTS

Environmental Protection Act

61. (1) Subsection 6 (2) of the Environmental Protection Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2001.

(2) The definition of "offence" in subsection 48 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 8, is repealed and the following substituted:

"offence" means offence under this Act, the Nutrient Management Act, 2001, the Ontario Water Resources Act or the Pesticides Act; ("infraction")

(3) Section 156.2 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 15, is repealed and the following substituted:

Power to administer other Acts

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 Nutrient Management Act, 2001, the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 12, 13 or 22 of the Nutrient Management Act, 2001;

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

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

(4) Section 165 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 25 and amended by 2001, chapter 17, section 2, is further amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "158 of this Act".

(5) Subsection 174 (2) of the Act, as amended by the Statutes of Ontario, 2001, chapter 17, section 2, is further amended by adding the following clause:

(g.1) the Nutrient Management Act, 2001;

(6) Section 188 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 38, is amended by adding the following clause:

(a.1) the Nutrient Management Act, 2001;

(7) Subsection 191 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "this Act".

Farming and Food
Production Protection Act, 1998

62. (1) Section 2 of the Farming and Food Production Protection Act, 1998 is amended by adding the following subsections:

Not a normal farm practice

(1.1) A practice that is inconsistent with a regulation made under the Nutrient Management Act, 2001 is not a normal farm practice.

Reference to Board

(1.2) A judge who is required to make a determination as to whether a farm practice is a normal farm practice may refer the matter to the Board for a hearing and require the Board to report to the judge.

(2) The Act is amended by adding the following section:

Limitation on power of Board

6.1 Despite any provision in section 4, 5 or 6 that gives the Board the power to determine whether a farm practice is a normal farm practice, the Board shall determine that a farm practice is a normal farm practice for the purposes of this Act if the practice is consistent with a regulation made under the Nutrient Management Act, 2001.

Highway Traffic Act

63. Paragraph 4 of subsection 62 (15.1) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 103, is amended by inserting "the Nutrient Management Act, 2001" after "Environmental Protection Act".

Ontario Water Resources Act

64. (1) Section 15.2 of the Ontario Water Resources Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 47, is repealed and the following substituted:

Power to administer other Acts

15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2001 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;

(b) section 12, 13 or 22 of the Nutrient Management Act, 2001; or

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

(2) Section 24 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 59, is amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "Environmental Protection Act".

(3) Clause 110 (b) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 35, section 73, is repealed and the following substituted:

(b) the Environmental Protection Act, other than for an offence related to Part IX of that Act;

(b.1) the Nutrient Management Act, 2001; or

. . . . .

(4) Subsection 113 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "the Environmental Protection Act".

Pesticides Act

65. (1) Section 19.2 of the Pesticides Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 80, is repealed and the following substituted:

Power to administer other Acts

19.2 A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2001 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;

(b) section 12, 13 or 22 of the Nutrient Management Act, 2001; or

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

(2) Section 26 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 90, is amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "Environmental Protection Act".

(3) Subsection 45 (4) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by striking out "or" at the end of clause (b) and by adding the following clause:

(b.1) the Nutrient Management Act, 2001; or

. . . . .

(4) Subsection 47 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "the Environmental Protection Act".

PART IX
COMMENCEMENT
AND SHORT TITLE

Commencement

66. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

67. The short title of this Act is the Nutrient Management Act, 2001.

EXPLANATORY NOTE

The Bill deals with the management of materials containing nutrients which include materials such as manure that are applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a use specified by regulation. Nutrients do not include any material that the regulations specify does not come within the definition. The Bill does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act.

Part I. Any Minister responsible for a provision of the Bill may, for the purposes of the Bill, appoint Directors or analysts or designate provincial officers.

Part II. The Lieutenant Governor in Council has broad powers to make regulations establishing standards respecting the management of materials containing nutrients or establishing standards respecting farm practices and other uses to be followed with respect to those materials. Farmers and other persons are required to comply with the standards established by regulation. For example, the regulations may require persons to hold a certificate if they carry out prescribed management practices, to have a licence if they are engaged in the business of applying materials containing nutrients to lands or to obtain an approval for their nutrient management plans or strategies. The regulations can also establish local committees to assist in matters specified by the regulations, such as the mediation of disputes in connection with the management of materials containing nutrients on lands.

The Lieutenant Governor in Council is also authorized to make other regulations, including regulations respecting farm animals and regulating the use of prescribed nutrients on lands used for the production of prescribed crops.

Part III. A person is entitled to request a hearing by the Environmental Review Tribunal whenever a Director issues, refuses to issue, amends, suspends or revokes a certificate, licence, approval or order under the Bill. There is a further right of appeal to the Divisional Court and the Minister responsible for the administration of the Bill.

Part IV. A provincial officer is entitled, without a warrant or court order, to enter and inspect any land or premises related to an agricultural operation or other operation affected by the Bill or to inspect a vehicle or vessel. A provincial officer may also obtain a court order for an inspection.

A provincial officer or Director may make orders to prevent, decrease or eliminate an adverse effect resulting from the discharge of materials containing nutrients into the natural environment. By way of information, the Supreme Court of Canada in R. v. Canadian Pacific Ltd., (1995) 125 D. L. R. (4d) 385 (S.C.C.) held that a discharge had to be of some significance to constitute an adverse effect; it was not an adverse effect if it posed only a trivial or minimal threat.

A provincial officer or Director may also make orders requiring persons to comply with the Bill, the regulations or a certificate, licence or approval. A person to whom an order made by a provincial officer is directed may request a Director to review it. If the Director does not review it within seven days of receiving a request, the Director is deemed to have made an order confirming the order of the provincial officer.

Part V. If a preventive order or compliance order that requires a person to do work has not been stayed, a Director may cause the work to be done in a number of cases, including where it is in the public interest. The person whom the order required to do work shall not do it without the permission of the Director. The Director may make an order requiring the person to pay the costs of having the work done. The amount of the costs can be recovered as taxes against real property owned by the person.

Part VI. A Director may levy an administrative penalty against a person who, in the opinion of the Director, has contravened the Bill, the regulations, an order except an order to pay costs or a condition of a certificate, licence or approval. The maximum amount of the penalty is $10,000 for each day or part of a day on which the contravention continues. The person is entitled to a hearing by the Environmental Review Tribunal. The Minister responsible for the administration of the Bill may apply for a court order restraining a person from continuing the contravention. In addition, a person who commits the contravention is guilty of an offence, but cannot be prosecuted if the administrative penalty for the contravention is paid.

Part VII. The Minister responsible for the administration of the Bill can, by agreement, delegate to other persons any of the powers and duties relating to any prescribed matter, except for a matter under Part IV, V or VI. There is certain protection from liability for the Crown, the Minister, employees of the Ministry and other persons with respect to acts or torts of persons including delegates.

Part VIII. There are complementary amendments to other Acts, such as the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act, with respect to matters such as inspections and offences.

[37] Bill 81 Original (PDF)

Bill 81 2001

An Act to provide
standards with respect to
the management of materials
containing nutrients used on lands,
to provide for the making of regulations
with respect to farm animals and lands
to which nutrients are applied,
and to make related amendments
to other Acts

CONTENTS

PART I DEFINITIONS AND ADMINISTRATION

1. Definitions 2. Directors 3. Provincial officers 4. Analysts

PART II MANAGEMENT OF MATERIALS CONTAINING NUTRIENTS AND REGULATIONS RESPECTING FARM ANIMALS

5. Nutrient management standards 6. Regulations, farm animals, etc.

PART III HEARING BY TRIBUNAL

7. Notice of Director's action 8. Right to hearing 9. No automatic stay 10. Powers of Tribunal

PART IV INSPECTIONS AND ORDERS

Inspections

11. Identification 12. Inspection without warrant 13. Inspection of vehicles and vessels 14. Power to administer other Acts 15. Order for entry or inspection 16. Condition to permit inspections 17. Order to prohibit entry 18. Order of justice 19. Securing of place or thing 20. Use of force 21. Samples and copies

22. Seizure during inspection 23. Disposition of certain things 24. Order for tracking 25. Police assistance 26. Restoration of excavation 27. Matters confidential

Orders

28. Order for preventive measures 29. Compliance order 30. Amendment or revocation of order 31. Review of order

PART V REMEDIAL WORK DONE BY MINISTRY

32. Minister's action 33. Director's order 34. Entry 35. Order to pay costs 36. Enforcement of order 37. Lien on real property 38. Where lands not owned by farmer

PART VI ENFORCEMENT

39. Administrative penalties 40. Order to restrain 41. No obstruction 42. Offences 43. Limitation period 44. Service of offence notice 45. Service for motor vehicles 46. Presiding judge 47. Penalties 48. Suspension 49. Order to prevent damage 50. Order for remedial work

PART VII GENERAL

51. Other Acts 52. Effect of orders, etc. 53. Service 54. Documents as evidence 55. Delegation of powers 56. Crown liability 57. Payment of fees 58. Regulations 59. Powers in regulations 60. By-law superseded

PART VIII COMPLEMENTARY AMENDMENTS

61. Environmental Protection Act 62. Farming and Food Production Protection Act, 1998 63. Highway Traffic Act 64. Ontario Water Resources Act 65. Pesticides Act

PART IX COMMENCEMENT AND SHORT TITLE

66. Commencement 67. Short title

______________

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

PART I
DEFINITIONS AND ADMINISTRATION

Definitions

1. In this Act,

"agricultural machinery and equipment" includes equipment used for the management of materials containing nutrients; ("machines et matériel agricoles")

"agricultural operation" means an agricultural, aquacultural, horticultural or silvicultural operation and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer's agricultural operation,

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation, and

(j) any other agricultural activity prescribed by the regulations, conducted on, in or over agricultural land; ("exploitation agricole")

"analyst" means an analyst appointed under subsection 4 (1); ("analyste")

"approval" means an approval of a nutrient management plan or a nutrient management strategy that is issued in accordance with a regulation made under clause 5 (2) (h), (i) or (k); ("approbation")

"certificate" means a certificate to carry out prescribed nutrient management practices that is issued in accordance with a regulation made under clause 5 (2) (c); ("certificat")

"Director" means a Director appointed under subsection 2 (1); ("directeur")

"discharge", when used as a verb, includes to add, deposit, emit or leak and, when used as a noun, includes an addition, deposit, emission or leak; ("rejet", "rejeter")

"farm animal" means,

(a) livestock, including poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk,

(f) game animals and birds, or

(g) any additional animals, birds or fish prescribed by the regulations; ("animal d'élevage")

"farmer" means the owner or operator of an agricultural operation; ("agriculteur")

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

"licence" means a licence for applying materials containing nutrients to land that is issued in accordance with a regulation made under clause 5 (2) (e); ("permis")

"management", in respect of materials containing nutrients, includes the collection, purchase, acquisition, storage, handling, treatment, sale, transfer, transportation, application, use and disposal of the materials, and "manage" has a corresponding meaning; ("gestion", "gérer")

"Minister" means the Minister responsible for the administration of this Act unless the context indicates otherwise; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"natural environment" means the air, land and water of the Province of Ontario or any combination or part of them; ("environnement naturel")

"nutrient" means fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper sludge, and other material applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of "nutrient"; ("élément nutritif")

"nutrient management plan" means a plan for the management of materials containing nutrients that may be applied to lands, which plan is prepared in accordance with the regulations; ("plan de gestion des éléments nutritifs")

"nutrient management strategy" means a plan prepared by a municipality or generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; ("stratégie de gestion des éléments nutritifs")

"prescribed" means prescribed by the regulations; ("prescrit")

"processing" includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from an agricultural operation and are conducted as a part of an agricultural operation; ("traitement")

"provincial officer" means a provincial officer designated under subsection 3 (1); ("agent provincial")

"regulations" means the regulations made under this Act; ("règlements")

"Tribunal" means the Environmental Review Tribunal. ("Tribunal")

Directors

2. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as Directors, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) subject to the approval of the Lieutenant Governor in Council, those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable.

Provincial officers

3. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, designate as provincial officers, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation.

Limitation of authority

(3) In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable.

Peace 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.

Analysts

4. (1) Any Minister responsible for the administration of a provision of this Act may, in writing, appoint as analysts, the persons whom the Minister considers necessary, from among,

(a) the employees of the Ministry;

(b) members of classes of employees of the Ministry; or

(c) those other persons or members of those other classes of persons that the Minister considers necessary.

Powers

(2) Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment.

Limitation of authority

(3) In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable.

PART II
MANAGEMENT OF MATERIALS
CONTAINING NUTRIENTS
AND REGULATIONS
RESPECTING FARM ANIMALS

Nutrient management standards

5. (1) The Lieutenant Governor in Council may make regulations,

(a) establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses;

(b) establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a);

(c) requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b).

Same

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) governing the management of materials containing nutrients including,

(i) specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in subsection 1 (1) of the Building Code Act, 1992,

(ii) specifying standards relating to the construction, on an agricultural operation, of the buildings or structures to which subclause (i) applies and requiring excavations to be carried out around them, including the formation of earth barriers, and specifying standards for the excavations,

(iii) respecting the amount of materials containing nutrients that may be applied to lands, the quality of the materials and the type of land to which the materials or a type of the materials may be applied,

(iv) respecting the time and manner in which materials containing nutrients may be applied to lands,

(v) specifying standards for equipment used to transport and apply materials containing nutrients, and

(vi) respecting technologies used for the management of materials containing nutrients, including prescribing conditions for the use of the technologies and respecting the manner and the circumstances in which they may be used;

(b) requiring farmers and other persons to meet prescribed qualifications and to pass prescribed examinations in relation to the application of materials containing nutrients to lands;

(c) respecting the qualifications, education, training and certification necessary in order to carry out prescribed management practices and prohibiting persons other than those with the prescribed qualifications, education, training or certification from performing the prescribed nutrient management practices in an agricultural operation;

(d) prohibiting persons from engaging in the business of applying materials containing nutrients to lands unless licensed to do so;

(e) respecting the licensing of persons who are engaged in the business of applying materials containing nutrients to lands, respecting applications for the licences and the issuing, renewing, expiration, suspension and cancellation of the licences, respecting the qualifications for the licences and specifying the conditions of the licences;

(f) prohibiting the application of materials containing nutrients to lands except in accordance with a nutrient management plan prepared or approved in accordance with the regulations and permitting deviations from the plan in the circumstances specified in the regulations or where the deviation is approved by a person specified in the regulations;

(g) governing the preparation of nutrient management plans, requiring farmers and others to ensure that a nutrient management plan is prepared in relation to their operations and specifying the method according to which the plan must be prepared and the contents of the plan;

(h) requiring that nutrient management plans for agricultural operations, or for prescribed classes of agricultural operations, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(i) requiring that nutrient management strategies for municipalities and generators of prescribed materials, or for prescribed classes of those municipalities and generators, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval;

(j) providing for the issue of approvals and their termination and amendment;

(k) specifying the length of time for which a nutrient management plan or a nutrient management strategy is valid and requiring that, at the prescribed times or when there is a prescribed change in the agricultural operation or other prescribed activity, a new plan or strategy be prepared and approved or an existing plan or strategy be amended and approved;

(l) providing for the amendment or termination of nutrient management plans or nutrient management strategies by persons who are appointed by any Minister responsible for the administration of a provision of this Act for the purposes of doing those amendments or terminations, if the plans or strategies are not in accordance with the regulations;

(m) requiring that a nutrient management plan, nutrient management strategy or any other record or document required under this Act be,

(i) kept by the farmer or the other persons that are specified in the regulations for the period of time specified in the regulations, or

(ii) filed in accordance with the requirements specified in the regulations;

(n) providing for the establishment of a registry in which nutrient management plans, nutrient management strategies and other prescribed documents relating to this Act shall be recorded or providing for the use of any other registry for recording those plans, strategies and documents;

(o) providing for access to the documents in a registry described in clause (n) or portions of them;

(p) requiring that persons who manage materials containing nutrients gather samples of them in accordance with the requirements specified in the regulations and submit them, in accordance with the requirements specified in the regulations, to prescribed persons for the purpose of a chemical analysis;

(q) governing the manner in which the chemical analysis mentioned in clause (p) is to be performed and requiring that the persons who perform it make the reports on it that are specified in the regulations;

(r) requiring that geophysical studies be prepared to determine the types of soils on lands and the direction of groundwater flow through lands in relation to the use of materials containing nutrients and requiring that the studies be prepared by a person who has the prescribed qualifications;

(s) respecting minimum distance separation requirements between,

(i) lands to which materials containing nutrients are applied or places in which materials containing nutrients are stored or farm animals are housed, and

(ii) properties surrounding the lands or places described in subclause (i) or those other places or geographic features that are specified in the regulations;

(t) requiring that materials containing nutrients be managed in an environmentally responsible manner as specified in the regulations by persons who are engaged in the purchase, acquisition, resale or disposal of materials containing nutrients or who are otherwise engaged in the trading of materials containing nutrients;

(u) governing the use of innovative technologies in the management of materials containing nutrients used by and on agricultural operations, including specifying conditions for the use of those technologies and respecting the manner and the circumstances in which they may be used;

(v) requiring a farmer or whatever other person is specified in the regulations to prepare records or documents in relation to the management of materials containing nutrients and those other matters that are specified in the regulations;

(w) requiring that a nutrient management plan, nutrient management strategy or any other record or document that must be prepared, kept or filed under this Act, be prepared, kept or filed in an electronic format and respecting requirements for the preparation, keeping and filing of those plans, records and documents in an electronic format;

(x) prohibiting a farmer from,

(i) constructing a structure or a building to be used to house farm animals or to store materials containing nutrients,

(ii) enlarging an existing structure or building that is used to house farm animals or to store materials containing nutrients, or

(iii) converting an existing structure or building into one that is used to house farm animals or to store materials containing nutrients,

unless the farmer has,

(iv) prepared and filed a nutrient management plan or a nutrient management strategy in accordance with the requirements specified in the regulations, and

(v) met the requirements specified in the regulations with respect to the site and construction of the structure or building;

(y) respecting the issuance of certificates to a farmer as evidence that the farmer is in compliance with this Act and the regulations and respecting the cancellation, expiry and renewal of the certificates;

(z) providing for the establishment and operation of local committees to assist in the doing of any prescribed matters including mediation of disputes in connection with the management of materials containing nutrients on lands.

Director's powers

(3) A Director may, in accordance with the regulations,

(a) issue, amend, suspend or revoke a certificate, licence or approval; or

(b) impose or amend conditions on a certificate, licence or approval.

Regulations, farm animals, etc.

6. The Lieutenant Governor in Council may make regulations,

(a) regulating the use of prescribed nutrients on lands used for the production of prescribed crops;

(b) regulating the access of farm animals and persons to lands to which prescribed nutrients have been applied;

(c) governing the location and operation of feed lots and other places where farm animals are kept outside;

(d) restricting the access of farm animals to water and watercourses;

(e) governing the disposal, storage and transportation of dead farm animals.

PART III
HEARING BY TRIBUNAL

Notice of Director's action

7. (1) A Director who issues or amends a certificate, licence or approval, who imposes or amends conditions on a certificate, licence or approval or who suspends or revokes a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the holder of the certificate, licence or approval, as the case may be.

Non-issuance or non-renewal

(2) A Director who refuses to issue or renew a certificate, licence or approval shall serve a written notice of the Director's action, containing reasons, on the person to whom the Director refused to issue or renew the certificate, licence or approval, as the case may be.

Right to hearing

8. (1) A person who receives a notice described in subsection 7 (1) or (2) may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of the notice described in that subsection.

Same, order

(2) If a Director makes, amends, revokes or is deemed to have made an order under this Act, the person to whom the order is directed may require a hearing by the Tribunal by serving a written notice of the requirement on the Director and the Tribunal within 15 days after service of notice of the order.

No order

(3) The refusal by the Director to make, amend or revoke an order does not itself constitute an order.

No right to hearing

(4) A person is not entitled to require a hearing under subsection (1) or (2) if the person receives,

(a) notice that the Director has issued the certificate, licence or approval for which the person applied; or

(b) notice of an action that the Tribunal has directed the Director to take under clause 10 (1) (b).

Extension of time

(5) The Tribunal shall extend the time in which a person may give a notice under subsection (1) or (2) requiring a hearing on a decision or order if, in the Tribunal's opinion, it is just to do so because service of the decision or order on the person did not give the person notice of the decision or order.

Contents of notice

(6) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the certificate, licence, approval or order in respect of which the hearing is required; and

(b) the grounds on which the applicant for the hearing intends to rely at the hearing.

Effect of contents of notice

(7) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the certificate, licence, approval or order, or to rely on a ground, that is not stated in the applicant's notice requiring the hearing.

Leave by Tribunal

(8) The Tribunal may grant the leave mentioned in subsection (7) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give the directions that the Tribunal considers proper consequent upon the granting of the leave.

No automatic stay

9. (1) The commencement of a hearing before the Tribunal does not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to pay the costs of work made under section 35.

Grant of stay

(2) The Tribunal may, on the application of a party to a hearing before it, stay the operation of the certificate, licence, approval or order in respect of which the hearing is required, except if the order is an order to monitor, record and report.

Parties

(3) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing.

No stay

(4) The Tribunal shall not stay the operation of the certificate, licence, approval or order in respect of which the hearing is required if doing so would result in,

(a) danger to the health or safety of any person;

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

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

Application for removal of stay

(5) A party to the hearing may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.

Application by new party

(6) A person who is made a party to the hearing after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.

Removal of stay

(7) The Tribunal, on the application of a party under subsection (5) or (6), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (4) (a) to (c).

Conditions

(8) The Tribunal may impose conditions on granting or removing a stay under this section.

Powers of Tribunal

10. (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may,

(a) confirm, alter or revoke the action of the Director that is the subject-matter of the hearing;

(b) by order direct the Director to take the action that the Tribunal considers the Director should take in accordance with this Act and the regulations;

(c) for the purposes of clauses (a) and (b), substitute its opinion for that of the Director.

Appeal to court

(2) A party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

Appeal to Minister

(3) A party to a hearing before the Tribunal may, within 30 days after receiving the decision of the Tribunal or within 30 days after final disposition of an appeal, if any, under subsection (2), appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as the Minister considers in the public interest.

No automatic stay

(4) An appeal of a decision of the Tribunal to the Divisional Court or to the Minister does not stay the operation of the decision unless the Tribunal orders otherwise.

Power of court or Minister

(5) If a decision of the Tribunal is appealed to the Divisional Court or to the Minister, the Divisional Court or the Minister may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (4).

PART IV
INSPECTIONS AND ORDERS

Inspections

Identification

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

Inspection without warrant

12. (1) For the purposes of the administration of this Act or the regulations, a provincial officer may, without warrant or court order, enter and inspect, in accordance with this section, any land or premises that,

(a) are used by, or are part of, an agricultural operation or other operation regulated under this Act; or

(b) the officer believes on reasonable grounds contain documents relating to an agricultural operation or other operation regulated under this Act.

Dwellings

(2) A provincial officer shall not exercise a power conferred by this section to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order issued under section 15.

Time of entry

(3) A provincial officer shall not exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order except during daylight hours or at any other time during which work is being carried out on the land or at the premises.

Exception

(4) Despite subsection (3), a provincial officer may exercise a power conferred by this section to enter and inspect land or premises without a warrant or court order if delay in exercising the power would result in,

(a) danger to the health or safety of any person;

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

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

(d) the disappearance or deterioration of evidence that the inspection could produce.

Powers on inspection

(5) During an inspection made under subsection (1), a provincial officer may,

(a) make necessary excavations;

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

Records

(6) A record made under clause (5) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Removal of documents or data

(7) A provincial officer shall not remove documents or data under clause (5) (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

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

Inspection of vehicles and vessels

13. (1) In this section,

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

Requirement to stop

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

Compliance

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

Signal to stop

(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.

Inquiries and inspection

(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 licences, 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.

Means of containment

(7) Based on the 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 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, the Environmental Protection Act or the Transportation of Dangerous Goods Act, 1992 (Canada).

Opening

(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.

Powers of inspection

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise any powers under subsection 12 (5) that are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 12 (6), (7) and (8) apply to the exercise of a power under subsection (9).

Power to administer other Acts

14. A provincial officer who exercises any power set out in section 12, 13 or 22 may, if the provincial officer is designated as such under the Environmental Protection Act, the Ontario Water Resources 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;

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

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

Order for entry or inspection

15. (1) A justice may issue an order authorizing a provincial officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that it is appropriate for the administration of this Act or the regulations for the officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) and that the 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 described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9);

(c) there are reasonable grounds to believe that a person may prevent a provincial officer from doing anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9);

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

(e) there are reasonable grounds to believe that an attempt by the officer to do anything described in subsection 12 (1) or (5) or 13 (2), (6), (7), (8) or (9) without the order might not achieve the purpose of the thing or might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 12 (6), (7) and (8) 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.

Time of execution

(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.

Condition to permit inspections

16. It is a condition of every licence or approval that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 12, 13 or 15 of this Act, section 156, 156.1 or 158 of the Environmental Protection 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 or approval relates.

Order to prohibit entry

17. (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 12, 13 or 15.

2. During the time required for the officer to obtain an order under section 15 of this Act or a warrant under section 158 of the Provincial Offences Act.

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

Requirements for order

(2) A provincial officer shall not issue an order under subsection (1) unless the 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 materials containing nutrients into the natural environment from the land, place or thing and an adverse effect described in subsection (3) has resulted or is likely to result from the discharge.

Effect

(3) The adverse effect mentioned in clause (2) (c) is an effect that is one or more of the following:

1. Impairment of the quality of the natural environment for any use that can be made of it.

2. Injury or damage to property or to plant or animal life.

3. Harm or material discomfort to any person.

4. An adverse effect on the health of any person.

5. Impairment of the safety of any person.

6. Rendering any property or plant or animal life unfit for human use.

7. Interference with the normal conduct of business.

Notice of order

(4) The provincial officer shall give notice of the order in the manner that the officer considers appropriate in the circumstances.

Contents of notice

(5) Notice of the order shall include an explanation of the rights provided by subsections (7) and (8).

Order not effective where no notice

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

Request for rescission

(7) 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

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

Same

(9) For the purposes of subsection (8), the Director may substitute the Director's own opinion for that of the provincial officer.

Rescission of order

(10) A Director who rescinds an order under subsection (8) shall give those directions to a provincial officer that the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

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

Duration of order

(12) An order described in subsection (1) shall be effective,

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

(b) where the inspection or search mentioned in subsection (1) is under an order under section 15 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, until the expiration of that time.

Order of justice

18. (1) If a justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds 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.

Duration of prohibition

(2) The prohibition under the justice's order shall, subject to subsection (3), be for the period of time set out in the order.

Expiry

(3) Unless renewed, an order made 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 made 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.

Application for initial order

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

Application for renewal order

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

Requirements for renewal

(7) In an order made 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 made under subsection (1) or (4) in the manner that the officer considers appropriate in the circumstances.

Order ineffective

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

Securing of place or thing

19. If an order made under section 17 or 18 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 other means that the 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.

Use of force

20. A provincial officer may use the force that is reasonably necessary,

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

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

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

Samples and copies

21. A provincial officer may detain samples and copies obtained under section 12, 13 or 15 for any period and for any of the purposes of this Act and the regulations.

Seizure during inspection

22. (1) During an inspection under section 12, 13 or 15, a provincial officer may, without a warrant or court order, seize any thing that is produced to the officer or that is in plain view, if,

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

(b) the 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.

Report to justice

(2) A provincial officer who seizes any thing during an inspection under section 12, 13 or 15 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice.

Application of Provincial Offences Act

(3) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection under section 12, 13 or 15.

Disposition of certain things

23. (1) If the Director believes that, given the nature of a thing seized during an inspection under section 12, 13 or 15, 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.

Perishables

(2) If the person having custody of any thing seized during an inspection under section 12, 13 or 15 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provisions

(3) Subsections 22 (2) and (3) do 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

(5) If a thing has been disposed of in accordance with subsections (1) to (4), 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 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 officer knows or has reason to believe is the owner.

Contents of notice

(6) The notice 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 the officer's 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 Superior Court of Justice for relief against the forfeiture.

Order for tracking

24. (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 any thing.

Issuance of order

(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,

(a) an offence against this Act has been or will be committed; and

(b) 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.

Conditions of order

(5) An order issued under this section shall contain the conditions that the justice considers advisable in the circumstances.

Activities under order

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

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

(b) monitor, or 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 whatever shorter period is specified in the order.

Further orders

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

Police assistance

25. (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of any thing, the officer may,

(a) take those steps and employ the assistance that is necessary to accomplish what is required; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Same

(2) It is the duty of every member of a police force called to render assistance under clause (1) (b) to render the assistance.

Restoration of excavation

26. A provincial officer who makes or causes the making of an excavation in the course of performing duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.

Matters confidential

27. (1) Except as to information in respect of the discharge of materials containing nutrients into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to the officer's knowledge in the course of any inspection under this Act or the regulations and shall not communicate the matters to any person except,

(a) as may be required in connection with the administration of,

(i) this Act or a prescribed Act,

(ii) the regulations made under this Act or a prescribed Act, or

(iii) any proceeding under an Act mentioned in subclause (i) or the regulations made under that Act;

(b) to the officer's counsel; or

(c) with the consent of the person to whom the information relates.

Testimony in civil suit

(2) Except in a proceeding described in subclause (1) (a) (iii), no provincial officer shall be required to give testimony, other than testimony in respect of the discharge of materials containing nutrients into the natural environment, in any civil suit or proceeding with regard to information obtained by the officer in the course of the administration of this Act or the regulations.

Orders

Order for preventive measures

28. (1) A provincial officer or Director may issue an order to any person who owns or who has management or control of lands or premises that the officer or Director, as the case may be, is authorized to enter under section 12, 13 or 15 if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 17 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on or in the lands and premises.

Information 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) specify that the person to whom the order is directed has the right to request,

(i) a review of the order by a Director in accordance with section 31, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 8, if the order is made or deemed to be made by a Director.

Contents of order

(3) The order may require the person to whom it is directed to,

(a) take, within the time specified, whatever steps are specified in it to prevent, decrease or eliminate an adverse effect described in subsection 17 (3) that will result or is likely to result from the discharge of materials containing nutrients into the natural environment, other than the air, from anything undertaken on or in the lands and premises; and

(b) report to the provincial officer, within the time specified, on the steps mentioned in clause (a).

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Compliance order

29. (1) A provincial officer or Director who has reasonable grounds to believe that a person has contravened a provision of this Act or the regulations or a condition of a certificate, licence or approval may make an order directing the person to comply with the Act, regulations, certificate, licence or approval, as the case may be, immediately or within the time specified in the order.

Contents of order

(2) The order shall,

(a) specify the provisions of this Act or the regulations or the conditions of a certificate, licence or approval that the provincial officer believes the person to have contravened;

(b) briefly describe the nature and, where applicable, the location of the contravention;

(c) describe the action that is required to correct the contravention and the time within which the person is required to ensure that the action is taken; and

(d) specify that the person has the right to request,

(i) a review of the order by a Director in accordance with section 31, if the order is made by the provincial officer, or

(ii) a hearing by the Tribunal in accordance with section 8, if the order is made or deemed to be made by a Director.

Service

(3) The provincial officer or Director who makes the order shall have it served on the person.

Compliance

(4) A person who is served with an order made under subsection (1) shall comply with the order within the period of time specified in the order.

Amendment or revocation of order

30. (1) If a provincial officer makes an order under subsection 28 (1) or 29 (1), the officer or a Director may, by order, amend or revoke it.

Notice

(2) Upon amending or revoking an order under subsection (1), the provincial officer or Director shall give written notice of the amendment or revocation to the person to whom the order is directed.

Review of order

31. (1) A person to whom an order made by a provincial officer under subsection 28 (1) or 29 (1) is directed may, within seven days after being served with a copy of the order, request that a Director review the order.

Form of 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

(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 person is requesting the review;

(b) any submissions that the person 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 whatever other means of service that the regulations specify.

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 the Director's 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) the decision, if the Director decides to revoke the order of the provincial officer; or

(b) the Director's order and reasons for it, if the Director confirms or alters the order of the provincial officer.

Deemed 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 in accordance with subsection (1) or (2), 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 Director shall be deemed to have made an order confirming the order of the provincial officer.

Notice

(9) For the purpose of an appeal to the Tribunal, a confirming order that subsection (8) deems the Director to have made, shall be deemed,

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

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

PART V
REMEDIAL WORK DONE
BY MINISTRY

Minister's action

32. If an order or decision made under section 28, 29, 30 or 31 is stayed, the Minister may cause to be done any thing required by the order or decision.

Director's order

33. (1) If an order or decision made under section 28, 29, 30 or 31 is not stayed, a Director may cause to be done any thing required by it if,

(a) a person required by the order or decision to do the thing,

(i) has refused to comply with or is not complying with the order or decision,

(ii) is not likely, in the Director's opinion, to comply with the order or decision promptly,

(iii) is not likely, in the Director's opinion, to carry out the order or decision competently, or

(iv) requests the assistance of the Director in complying with the order or decision; or

(b) in the Director's opinion, it would be in the public interest to do so.

Notice

(2) The Director shall give notice of an intention to cause a thing to be done under subsection (1) to each person required by an order or decision made under this Act to do the thing, except if the identity of the person cannot be ascertained.

Reaction to notice

(3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director.

Entry

34. (1) A person who is responsible for doing a thing under section 33 may, for the purpose, enter onto any land or into any place where 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 are reasonable grounds to believe that entry onto land or into a place is necessary for the purpose of doing a thing under section 33, may make 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 made 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 the additional periods that the justice considers necessary.

Police assistance

(5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may,

(a) take those steps and employ the assistance that is necessary to accomplish the thing; and

(b) when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required.

Assistance

(6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order.

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.

Identification

(8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry.

Order to pay costs

35. (1) If a person is required to do any thing by an order or decision made under this Act and the Director causes the thing to be done under section 33, the Director may make an order requiring the person, and any other person whom the Director determines is appropriate, to pay the costs of having the thing done.

Contents of order

(2) The order to pay costs shall include,

(a) a description of things that the Director caused to be done under this Act;

(b) a brief statement of the circumstances giving rise to the Director's decision to cause the things to be done;

(c) a detailed account of the costs incurred in doing the things; and

(d) a direction that the person to whom the order is issued pay the costs to the Minister of Finance.

Increase in cost

(3) At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order.

Enforcement of order

36. (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Lien on real property

37. (1) For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on real property is a thing done in connection with that property, whether or not the work is done on that property.

Costs collected as taxes

(2) If an order to pay costs is directed to a person who owns real property in a municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the municipality shall have a lien on the property for those amounts; they shall be deemed to be municipal taxes in respect of the property and shall be added by the clerk of the municipality to the collector's roll and collected in the same way and with the same priorities as municipal taxes.

Same

(3) A lien created under subsection (2) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.

Remittance

(4) Subject to subsection (6), money collected in accordance with subsection (2), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Minister of Finance.

Definition

(5) In subsections (6) and (7),

"cancellation price" has the same meaning as in the Municipal Tax Sales Act.

Proceeds of tax sale

(6) Where there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.

Cancellation price

(7) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Territory without municipal organization

(8) If an order to pay costs is directed to a person who owns real property in territory without municipal organization, and the Director instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to things done in connection with that property, the Crown shall have a lien on the property for those amounts and they shall be deemed to be taxes in respect of the property imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act.

Details in instruction

(9) An instruction under subsection (2) or (8) shall state which of the amounts specified in the order to pay relate to things done in connection with the property.

Where lands not owned by farmer

38. (1) If an order to pay costs is directed to a farmer in respect of work carried out under section 33 on lands or premises that are not owned by the farmer but are used by the farmer as part of an agricultural operation and pursuant to a nutrient management plan, and if the farmer owns land elsewhere in Ontario, the Director who caused the work to be carried out under that section may,

(a) in the case of land owned by the farmer in a municipality, instruct the clerk of the municipality to recover the amount of the costs as taxes against the land; or

(b) in the case of land owned by the farmer in territory without municipal organization, instruct the Land Tax Collector appointed under the Provincial Land Tax Act to recover the amount of the costs as provincial land taxes under that Act.

Municipal taxes

(2) Subsections 37 (2) to (7) and (9) apply with necessary modifications to the recovery of municipal taxes under clause (1) (a).

Provincial land taxes

(3) Subsections 37 (8) and (9) apply with necessary modifications to the recovery of provincial land taxes under clause (1) (b).

PART VI
ENFORCEMENT

Administrative penalties

39. (1) If a Director is of the opinion that a person has contravened a provision of this Act or the regulations, has failed to comply with an order under this Act, other than an order under section 35, or has failed to comply with a condition of a certificate, licence or approval, the Director may, subject to the regulations under subsection (11), 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 under subsection (1) 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

(3) An administrative penalty in respect of a contravention or failure shall not exceed $10,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4) The notice of an administrative penalty served on the person who is required to pay the penalty 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 (11);

(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 Tribunal under subsection (5).

Right to hearing

(5) The 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 Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in that case, the requirement to pay is stayed until the disposition of the matter.

Tribunal's powers

(6) At a hearing by the Tribunal of a matter to which a notice of an administrative penalty relates, the Tribunal may confirm, rescind or amend the notice according to what it considers reasonable in the circumstances, but it shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Regulations

(7) For greater certainty, the regulations made under subsection (11) apply to the Tribunal's decisions under subsection (6).

No offence if penalty is paid

(8) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty pays it in accordance with the notice or the Tribunal's decision, the person shall not be charged with an offence in respect of the contravention or failure to which the penalty relates.

Failure to pay

(9) If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty does not pay it in accordance with the notice or the Tribunal's decision,

(a) the notice or decision may be filed with a local registrar of the Superior Court of Justice 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, licence or approval that has been issued to the person until the administrative penalty is paid; and

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

Interest

(10) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (9) 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

(11) 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 and the circumstances in which 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.

Order to restrain

40. (1) If a person contravenes this Act or the regulations, fails to comply with an order under this Act, other than an order under section 35 or fails to comply with a condition of a certificate, licence or approval, the Minister may, in addition to any other remedy and to any penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.

Court order

(2) If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted.

No obstruction

41. (1) No person shall hinder or obstruct a Director, a provincial officer or any employee or agent of the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry in the performance of duties under this Act.

Providing information

(2) No person shall refuse to provide a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with all information, documents or data that the person is authorized to examine under this Act and the regulations.

False information

(3) No person shall include false or misleading information in any document or data that a Director, a provincial officer, the Minister, the Ministry or any employee or agent of the Ministry is authorized to examine under this Act and the regulations.

Same

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

Offences

42. (1) A person is guilty of an offence if the person,

(a) contravenes this Act or the regulations;

(b) fails to comply with the conditions of a certificate, licence or approval; or

(c) fails to comply with an order made by a Director or a provincial officer under this Act.

Directors and officers

(2) Every director or officer of a corporation who knowingly concurs in the commission of an offence by the corporation is guilty of an offence.

Limitation period

43. No proceeding for an offence under this Act or the regulations shall be commenced more than two years after the later of,

(a) the day on which the offence was committed; and

(b) the day evidence of the offence first came to the attention of a provincial officer.

Service of offence notice

44. (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 corporation or to the clerk of the 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, as the case may be.

Service for motor vehicles

45. (1) In this section,

"commercial motor vehicle", "farm tractor", "motor vehicle" and "self-propelled implement of husbandry" have the same meanings as in the Highway Traffic Act; ("matériel agricole automoteur", "tracteur agricole", "véhicule automobile", "véhicule utilitaire")

"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")

Employer

(2) Delivery of an offence notice or summons to the operator of a vehicle that is a motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle in the course of the operator's employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle.

Owner or lessee

(3) Delivery of an offence notice or summons to the operator of a vehicle that is a commercial motor vehicle, farm tractor or self-propelled implement of husbandry, in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.

Exception

(4) Subsection (3) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.

Permit holder as owner

(5) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the motor vehicle mentioned in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle or motor vehicle, as the case may be, at the time the offence was committed.

Exception

(6) Subsection (5) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit.

Presiding judge

46. The counsel or agent acting on behalf of the Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.

Penalties

47. (1) An individual convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues.

Corporation

(2) A corporation convicted of an offence under this Act is liable to,

(a) on a first conviction, a fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues;

(b) on each subsequent conviction, a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.

Subsequent conviction

(3) For the purposes of determining the penalty to which a person is liable under subsection (1) or (2), 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;

(c) the Ontario Water Resources Act; or

(d) the Pesticides Act.

Monetary benefit

(4) A court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.

Suspension

48. (1) If a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act or the regulations made under any of them, on the application of a Director, a justice of the peace may make an order under subsection 69 (2) of the Provincial Offences Act directing that, until the fine is paid,

(a) one or more of the person's certificates, licences or approvals be suspended; and

(b) no certificate, licence or approval be issued to the person.

Suspension by Director

(2) On being informed of an outstanding order mentioned in subsection (1), the Director may suspend the person's certificate, licence or approval, if it is not already suspended under another order mentioned in that subsection.

Reinstatement

(3) On being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the certificate, licence or approval are paid, the Director shall reinstate the certificate, licence or approval, as the case may be, unless the Director has been informed that,

(a) there is another outstanding order mentioned in subsection (1) directing that the certificate, licence or approval be suspended; or

(b) the certificate, licence or approval is suspended under any other order or under another Act.

Order to prevent damage

49. (1) On its own initiative or on the request of the prosecutor, a 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 the action, including but not limited to providing an alternate water supply, that 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; or

(b) to comply with any order that a 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.

Other conditions

(2) An order described in subsection (1) may contain those other conditions that,

(a) relate to the circumstances of the offence and the circumstances of the person that contributed to the commission of the offence; and

(b) the court considers appropriate to prevent similar unlawful conduct or to contribute to the person's rehabilitation.

Variation of order

(3) The court that made the order may make any changes in, or additions to, the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances if,

(a) on its own initiative, it holds a hearing or obtains the consent of the parties to dispense with a hearing; or

(b) on application by counsel for the prosecutor, by the person convicted or by the counsel or agent for the person convicted, with notice to the other party, it holds a hearing or the parties consent to dispense with a hearing.

Conflict

(4) Nothing in this section authorizes the court to make an order that conflicts with an order previously made under this Act by a Director or provincial officer, but the court may make an order under this section supplementing the provisions of an order of a Director or provincial officer.

Continuation in force

(5) If a person bound by a court order made under this section is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order.

Order for remedial work

50. On its own initiative or on the request of the prosecutor, a court that convicts a person of an offence under this Act may, in addition to, or in substitution in whole or in part for, any other penalty imposed by the court, order the person to carry out an alternative penalty such as,

(a) performing remedial work on the environment; or

(b) making payment to a third party for the purposes of educational or remedial work done by or for the third party.

PART VII
GENERAL

Other Acts

51. This Act does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act in any situation where any of those Acts applies.

Effect of orders, etc.

52. (1) A certificate, licence, approval or order issued by a person or body authorized to do so under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was issued or directed, and on any other successor or assignee of the person to whom it was issued or directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Definition

(3) In this section,

"receiver" means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver.

Receivers and trustees

(4) A certificate, licence, approval or order that is issued by a person or body authorized to do so under this Act and that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(5) If, pursuant to subsection (4), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee's reasonable costs of holding or administering the assets.

Exception

(6) Subsection (4) does not apply to an order that is issued by a person or body authorized to do so under this Act and that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days of taking or being appointed to take possession or control of the property, the receiver or trustee in bankruptcy notifies a Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified a Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(7) A Director may extend the 10-day period for giving notice under clause (6) (a), before or after it expires, on the conditions that the Director considers appropriate.

Form of notice

(8) Notice under clause (6) (a) or (b) must be given in the manner prescribed by the regulations.

Service

53. (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail addressed to the person to whom delivery or service is required to be made at the person's last known address; or

(c) given or served in accordance with the prescribed manner.

Service by mail

(2) If service is made by mail, it shall be deemed to have been made on the third 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 notice or order until a later date.

Documents as evidence

54. (1) A document that is a certificate, licence or approval, an order issued under this Act or a record made under this Act and that purports to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the document without proof of the signature or position of the person appearing to have signed the document.

Report of analyst

(2) A report that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the report without proof of the signature or position of the person appearing to have signed the report.

Delegation of powers

55. (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the powers and duties relating to,

(a) the establishment, maintenance and operation of a registry described in clause 5 (2) (n);

(b) the review of any nutrient management plans or nutrient management strategies;

(c) the issuing, amending, suspending or revoking of certificates, licences and approvals; or

(d) the doing of any other prescribed work, other than anything for the purposes of Part IV, V or VI.

Definition

(2) In this section,

"delegation agreement" means an agreement described in subsection (1).

Contents of agreement

(3) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and all other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.

Regulation

(4) A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.

Revocation of delegation

(5) The Minister may by regulation revoke a delegation in whole or in part if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so.

Effect of regulation

(6) The delegation is revoked by a regulation made under subsection (5) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.

Notice

(7) The Minister may give the delegate that notice of the Minister's intention to make a regulation under subsection (5) that the Minister considers reasonable in the circumstances.

Other remedies

(8) The power to revoke a delegation is in addition to, and does not bar or affect, the Minister's right to exercise any other remedy under the delegation agreement or at law.

Obligations of delegate

(9) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.

Appointment of directors

(10) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for the terms of office that the Minister considers appropriate.

Remuneration and expenses

(11) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.

Annual report

(12) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.

Additional reports

(13) A delegate shall provide the additional reports to the Minister that the delegation agreement requires or the Minister requests.

Regulations

(14) The Minister may make regulations,

(a) prescribing the powers and duties of the Minister that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership, corporation or unincorporated association to whom the powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.

Crown liability

56. (1) The following persons are not agents of the Crown for any purpose, despite the Crown Agency Act, and shall not hold themselves out as such:

1. Persons appointed under clause 5 (2) (h), (i) or (l) who are not Crown employees within the meaning of the Public Service Act.

2. Delegates under section 55.

Same, delegation

(2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty by a person appointed under clause 5 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act;

(b) for any tort committed by a person described in clause (a) or an employee or agent of the person in relation to a power or duty described in that clause;

(c) for any act done in the execution or intended execution of a power or duty delegated under section 55 or for an alleged neglect or default in the execution of a power or duty delegated under that section; or

(d) for any tort committed by a delegate under section 55 or an employee or agent of the delegate in relation to a power or duty delegated under that section.

Immunity

(3) No action or other proceeding shall be brought against the Crown, a Crown employee within the meaning of the Public Service Act, a person appointed under clause 5 (2) (h), (i) or (l) who is not a Crown employee within the meaning of the Public Service Act, an employee of that person, a person or body to whom powers and duties of the Minister are delegated under section 55 or an employee of a person or body to whom powers and duties of the Minister are delegated under that section arising from any inaccuracy contained in a record that is filed in a registry described in clause 5 (2) (n).

Same, exempting regulation

(4) No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain a certificate, licence or approval.

No personal liability

(5) Except in the case of an application for judicial review or an action or proceeding that any Act or regulation under this or any other Act specifically provides with respect to a person mentioned in this subsection, no action or other proceeding for damages or otherwise shall be instituted against an employee of the Ministry, a Director, a provincial officer, a member of the Tribunal or of a committee described in clause 5 (2) (z) or a Crown employee within the meaning of the Public Service Act, who is acting under the direction of that employee, Director, provincial officer or member, for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority.

Crown liability

(6) Subsection (5) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Payment of fees

57. (1) The Minister may,

(a) establish fees that are payable in respect of any matter under this Act;

(b) specify what persons are required to pay the fees and to whom the fees are payable;

(c) provide for the retention of all or part of the fees by the person to whom they are payable; and

(d) provide for the refund of fees.

Obligation to pay

(2) A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection.

Regulations

58. The Lieutenant Governor in Council may make regulations,

(a) prescribing additional agricultural crops to be included as the agricultural crops mentioned in the definition of "agricultural operation" in section 1;

(b) prescribing other agricultural activities conducted on, in or over agricultural land to be included in the definition of "agricultural operation" in section 1;

(c) prescribing limits, expansions or clarifications of the activities described in the definition of "agricultural operation" in section 1;

(d) prescribing additional animals, birds or fish to be included in the definition of "farm animals" in section 1;

(e) exempting any agricultural operation, person or thing or class of agricultural operation, person or thing from the application of this Act, the regulations or a provision of this Act or the regulations and prescribing conditions for the exemptions;

(f) prescribing anything described as prescribed or specified in the regulations or described as prepared or done in accordance with the regulations;

(g) respecting procedures for inspections under Part IV and requiring inspectors to follow the procedures;

(h) prescribing procedures for the purposes of section 48;

(i) defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act;

(j) respecting anything that is necessary or advisable for the purposes of the enforcement of this Act and the regulations.

Powers in regulations

59. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

Classes

(2) A regulation may apply in respect of any class of activity, matter, person or thing.

Same

(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination of those items and may be defined to consist of or to include or exclude any specified member, whether or not with the same attributes, qualities or characteristics.

Adoption of codes

(4) A regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, formula, standard, guideline, protocol or procedure, and may require compliance with any code, formula, standard, guideline, protocol or procedure so adopted.

Amendments to codes

(5) The power to adopt by reference and require compliance with a code, formula, standard, guideline, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, guideline, protocol or procedure as it may be amended from time to time after the regulation is made.

When effective

(6) The adoption of an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.

By-law superseded

60. (1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation.

By-law inoperative

(2) A by-law or a provision of a by-law that is superseded under subsection (1) is inoperative while the regulation is in force.

PART VIII
COMPLEMENTARY AMENDMENTS

Environmental Protection Act

61. (1) Subsection 6 (2) of the Environmental Protection Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2001.

(2) The definition of "offence" in subsection 48 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 8, is repealed and the following substituted:

"offence" means offence under this Act, the Nutrient Management Act, 2001, the Ontario Water Resources Act or the Pesticides Act; ("infraction")

(3) Section 156.2 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 15, is repealed and the following substituted:

Power to administer other Acts

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 Nutrient Management Act, 2001, the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 12, 13 or 22 of the Nutrient Management Act, 2001;

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

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

(4) Section 165 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 25, is amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "158 of this Act".

(5) Subsection 174 (2) of the Act is amended by adding the following clause:

(g.1) the Nutrient Management Act, 2001;

(6) Section 188 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 38, is amended by adding the following clause:

(a.1) the Nutrient Management Act, 2001;

(7) Subsection 191 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "this Act".

Farming and Food
Production Protection Act, 1998

62. (1) Section 2 of the Farming and Food Production Protection Act, 1998 is amended by adding the following subsections:

Not a normal farm practice

(1.1) A practice that is inconsistent with a regulation made under the Nutrient Management Act, 2001 is not a normal farm practice.

Reference to Board

(1.2) A judge who is required to make a determination as to whether a farm practice is a normal farm practice may refer the matter to the Board for a hearing and require the Board to report to the judge.

(2) The Act is amended by adding the following section:

Limitation on power of Board

6.1 Despite any provision in section 4, 5 or 6 that gives the Board the power to determine whether a farm practice is a normal farm practice, the Board shall determine that a farm practice is a normal farm practice for the purposes of this Act if the practice is consistent with a regulation made under the Nutrient Management Act, 2001.

Highway Traffic Act

63. Paragraph 4 of subsection 62 (15.1) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 103, is amended by inserting "the Nutrient Management Act, 2001" after "Environmental Protection Act".

Ontario Water Resources Act

64. (1) Section 15.2 of the Ontario Water Resources Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 47, is repealed and the following substituted:

Power to administer other Acts

15.2 A provincial officer who exercises any power set out in section 15, 15.1, 19, 20 or 20.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2001 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;

(b) section 12, 13 or 22 of the Nutrient Management Act, 2001; or

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

(2) Section 24 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 59, is amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "Environmental Protection Act".

(3) Clause 110 (b) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 35, section 73, is repealed and the following substituted:

(b) the Environmental Protection Act, other than for an offence related to Part IX of that Act;

(b.1) the Nutrient Management Act, 2001; or

. . . . .

(4) Subsection 113 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "the Environmental Protection Act".

Pesticides Act

65. (1) Section 19.2 of the Pesticides Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 80, is repealed and the following substituted:

Power to administer other Acts

19.2 A provincial officer who exercises any power set out in section 19, 19.1, 22, 23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2001 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;

(b) section 12, 13 or 22 of the Nutrient Management Act, 2001; or

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

(2) Section 26 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 90, is amended by inserting "section 12, 13 or 15 of the Nutrient Management Act, 2001" after "Environmental Protection Act".

(3) Subsection 45 (4) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 97, is amended by striking out "or" at the end of clause (b) and by adding the following clause:

(b.1) the Nutrient Management Act, 2001; or

. . . . .

(4) Subsection 47 (1) of the Act is amended by inserting "the Nutrient Management Act, 2001" after "the Environmental Protection Act".

PART IX
COMMENCEMENT
AND SHORT TITLE

Commencement

66. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

67. The short title of this Act is the Nutrient Management Act, 2001.

EXPLANATORY NOTE

The Bill deals with the management of materials containing nutrients which include materials such as manure that are applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a use specified by regulation. Nutrients do not include any material that the regulations specify does not come within the definition. The Bill does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act.

Part I. Any Minister responsible for a provision of the Bill may, for the purposes of the Bill, appoint Directors or analysts or designate provincial officers.

Part II. The Lieutenant Governor in Council has broad powers to make regulations establishing standards respecting the management of materials containing nutrients or establishing standards respecting farm practices and other uses to be followed with respect to those materials. Farmers and other persons are required to comply with the standards established by regulation. For example, the regulations may require persons to hold a certificate if they carry out prescribed management practices, to have a licence if they are engaged in the business of applying materials containing nutrients to lands or to obtain an approval for their nutrient management plans or strategies. The regulations can also establish local committees to assist in matters specified by the regulations, such as the mediation of disputes in connection with the management of materials containing nutrients on lands.

The Lieutenant Governor in Council is also authorized to make other regulations, including regulations respecting farm animals and regulating the use of prescribed nutrients on lands used for the production of prescribed crops.

Part III. A person is entitled to request a hearing by the Environmental Review Tribunal whenever a Director issues, refuses to issue, amends, suspends or revokes a certificate, licence, approval or order under the Bill. There is a further right of appeal to the Divisional Court and the Minister responsible for the administration of the Bill.

Part IV. A provincial officer is entitled, without a warrant or court order, to enter and inspect any land or premises related to an agricultural operation or other operation affected by the Bill or to inspect a vehicle or vessel. A provincial officer may also obtain a court order for an inspection.

A provincial officer or Director may make orders to prevent, decrease or eliminate an adverse effect resulting from the discharge of materials containing nutrients into the natural environment. By way of information, the Supreme Court of Canada in R. v. Canadian Pacific Ltd., (1995) 125 D. L. R. (4d) 385 (S.C.C.) held that a discharge had to be of some significance to constitute an adverse effect; it was not an adverse effect if it posed only a trivial or minimal threat.

A provincial officer or Director may also make orders requiring persons to comply with the Bill, the regulations or a certificate, licence or approval. A person to whom an order made by a provincial officer is directed may request a Director to review it. If the Director does not review it within seven days of receiving a request, the Director is deemed to have made an order confirming the order of the provincial officer.

Part V. If a preventive order or compliance order that requires a person to do work has not been stayed, a Director may cause the work to be done in a number of cases, including where it is in the public interest. The person whom the order required to do work shall not do it without the permission of the Director. The Director may make an order requiring the person to pay the costs of having the work done. The amount of the costs can be recovered as taxes against real property owned by the person.

Part VI. A Director may levy an administrative penalty against a person who, in the opinion of the Director, has contravened the Bill, the regulations, an order except an order to pay costs or a condition of a certificate, licence or approval. The maximum amount of the penalty is $10,000 for each day or part of a day on which the contravention continues. The person is entitled to a hearing by the Environmental Review Tribunal. The Minister responsible for the administration of the Bill may apply for a court order restraining a person from continuing the contravention. In addition, a person who commits the contravention is guilty of an offence, but cannot be prosecuted if the administrative penalty for the contravention is paid.

Part VII. The Minister responsible for the administration of the Bill can, by agreement, delegate to other persons any of the powers and duties relating to any prescribed matter, except for a matter under Part IV, V or VI. There is certain protection from liability for the Crown, the Minister, employees of the Ministry and other persons with respect to acts or torts of persons including delegates.

Part VIII. There are complementary amendments to other Acts, such as the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act, with respect to matters such as inspections and offences.