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Bill 27, Resource Management and Safety Act, 2025

Harris, Hon. Mike Minister of Natural Resources

Current status:

Royal Assent received. Statutes of Ontario 2025,

chapter 17

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Bill 27 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 27 and does not form part of the law.

Bill 27 has been enacted as

Chapter 17 of the Statutes of Ontario, 2025.

SCHEDULE 1

FOREST FIRES PREVENTION ACT

The

Schedule amends the Forest Fires Prevention Act

with respect to various matters including the following:

1. The

title of the Act is changed to the Wildland Fire

Management Act and the terms forest fire and forest area are replaced by

wildland fire and wildland area respectively.

Section

4 of the Act is re-enacted to establish certain officers and provide that the

Minister may appoint persons or designate classes of persons as such officers.

New sections 5 to 5.9 of the Act set out the roles and responsibilities of such

officers.

3. New

section 11 of the Act provides for the issuance of permits with respect to

outdoor fires outside a restricted fire zone during a fire season.

4. New

section 14 of the Act provides that certain entities are required to have a

wildland fire management plan.

5. The

Minister’s powers with respect to wildland fire emergency areas are amended to

clarify that the Minister may issue certain orders restricting activities and

to allow for permits to be issued with respect to such areas.

6. The

Act is amended by establishing certain additional penalties, including

remediation orders and administrative penalties.

7. The

Lieutenant Governor in Council’s authority to make regulations in

section 36 of

the Act is updated.

8. Certain

consequential amendments are made to other Acts.

SCHEDULE 2

GEOLOGIC CARBON STORAGE ACT, 2025

The

Schedule enacts the Geologic Carbon Storage Act, 2025 .

Part

I of the Act sets out

definitions and interpretive provisions that apply to the

Act, articulates the purpose of the Act and sets out certain prohibitions. In

particular, subsection 1 (1) of the Act defines a “carbon storage site” as any

number of wells or storage repositories (underground geological areas) or wells

and storage repositories, as well as ancillary works, if any, collectively used

for research and evaluation activities or carbon storage activities.

Section

3 of the Act defines activities that constitute research and evaluation

activities and carbon storage activities. Research and evaluation activities

include, for example, using wells to explore for storage repositories capable

of being used for carbon storage and obtaining information in relation to their

potential use or viability for carbon storage. Carbon storage activities

include, for example, using wells to inject carbon dioxide into a storage

repository for the purposes of the permanent storage of carbon dioxide in the

repository.

Section

4 of the Act prohibits the performance of research and evaluation activities

and carbon storage activities unless certain conditions are met, which include

that the activities be performed under the authority of a permit issued under

the Act.

Part

II of the Act addresses issues of ownership and rights to pore space

(essentially voids or cavities within storage repositories).

Section 7 of the

Act provides that rights to pore space underlying the surface of real property

form part of the surface rights estate.

Section 8 of the Act allows the

Lieutenant Governor in Council to, by regulation, cause rights to pore space

underlying lands identified in the regulation to be taken and vested in the

Crown provided that certain pre-conditions are met.

Section 9 of the Act allows

the Crown to, in turn, authorize others to exercise those rights through the

issuance of permits under the Act. The Lieutenant Governor in Council is

further authorized to make regulations providing for compensation to owners of

pore space rights which are taken by regulation.

Part

III of the Act governs the issuance of the various authorizations contemplated

by the Act, as well as their possible transfer, suspension and revocation.

These authorizations consist of permits that authorize the performance of

research and evaluation activities and carbon storage activities as well as

licences for the use of land that is owned or controlled by the Crown.

Section

13 of the Act allows for the Ontario Land Tribunal to issue unitization orders

which allow, in particular, rights to pore space within a unit area to be

joined for the purpose of a carbon storage site. Sections 14 and 15 of the Act

contemplate both mandatory and discretionary referrals of applications to the

Ontario Energy Board and the Ontario Land Tribunal. The Minister is required to

comply with the recommendations of the Board or an order of the Tribunal with

respect to the application.

Part

IV of the Act sets out general obligations applicable to any person performing

activities contemplated by the Act and other provisions respecting the

operation and closure of carbon storage sites.

Section 23 of the Act allows the

Ontario Land Tribunal to issue orders allowing permit holders to enter onto and

use lands to perform certain activities in connection with the proper working

of a carbon storage site. Sections 24 and 25 of the Act allow the Minister to

issue orders to cease injecting carbon dioxide into a storage repository or to

close a carbon storage site.

Section 26 of the Act provides for the issuance of

closure certificates and the transfer of rights, duties and obligations in

relation to a closed carbon storage site to the Crown. Other administrative

requirements are set out and various regulation-making powers are included that

allow for regulations in relation to the operation of carbon storage sites.

Part

V of the Act governs reviews and appeals before the Ontario Land Tribunal and

establishes the framework by which affected parties may seek to have certain

decisions of the Minister, such as decisions to refuse to issue or to revoke

permits, reviewed by or appealed to the Tribunal.

Part

VI of the Act provides for various enforcement measures, including the

appointment of inspectors and enforcement officers who are empowered to take

various actions to determine and secure compliance with the Act and the

regulations, authorizations issued under the Act, approvals to close carbon

storage sites and any orders made under the Act. Various offences are

established.

Part

VII of the Act establishes the Carbon Storage Stewardship Fund, into which

authorization holders and other persons prescribed by the regulations are

required to pay money. Various amounts may be charged to the Fund and paid out

of the Consolidated Revenue Fund for purposes including funding expenses

incurred by the Crown in fulfilling obligations that it assumed under a closure

certificate or liabilities it incurred under such a certificate.

Part

VIII of the Act sets out provisions of a general nature, notably provisions

authorizing regulations in relation to the Act as well as regulations of a

transitionary nature. This general authority to make regulations is in addition

to specific regulation-making authority found in the other Parts of the Act.

Part

IX of the Act sets out related amendments to the Oil, Gas

and Salt Resources Act ( OGSRA ) and

provisions respecting the coming into force of the Act and its

short title. In

particular, the OGSRA is amended to provide that

wells under that Act exclude wells for the purpose of activities that are

prohibited under the Geologic Carbon Storage Act, 2025

or prohibited under that Act except under the authority of a permit, as well as

amendments of a transitionary nature.

SCHEDULE 3

OIL, GAS AND SALT RESOURCES ACT

The

Schedule amends the Oil, Gas and Salt Resources Act

by adding a new

section 7.0.1.3 which grants the Minister the authority to take

or cause to be taken any action to prevent, decrease or eliminate a hazard to

the public or to the environment with respect to a work in certain specified

circumstances. In addition, this new

section allows the Minister to recover the

costs of any action taken from the relevant operator of the work or from the

security established for the work by the operator.

SCHEDULE 4

SURVEYORS ACT

The

Schedule makes various amendments to the Surveyors Act .

Here are some highlights:

1. In

addition to licences, the Registrar can now issue limited licences and

temporary licences. Retired members can be reinstated.

2. Details

regarding the requirements and qualifications required to obtain licences and

certificates such as examinations and academic and experience requirements will

now be prescribed by the by-laws.

3. Regulations

and by-laws are no longer required to be confirmed by vote of the members.

4. The

Fees Mediation Committee is repealed.

5. Applicants

can now appeal certain determinations or directions by the Academic and

Experience Requirements Committee to the Registration Committee.

Section

42 of the Act is re-enacted to provide that service of documents or notices can

also be made by electronic mail or fax.

7. Various

consequential amendments are made.

Bill 27 2025

An Act to enact the Geologic Carbon Storage

Act, 2025 and to amend various Acts with respect to wildfires, resource safety

and surveyors

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Forest

Fires Prevention Act

Schedule 2

Geologic

Carbon Storage Act, 2025

Schedule 3

Oil,

Gas and Salt Resources Act

Schedule 4

Surveyors

Act

Preamble

The Government of Ontario:

Supports

building communities by making it possible to build infrastructure and homes

more quickly.

Recognizes

the need for our communities to be prepared for challenging wildland fire

seasons.

Recognizes

the need to protect the public and the environment from risks associated with

hazardous oil and gas wells.

committed to offering industries a critical tool for managing their emissions

by enabling geologic carbon storage in Ontario with measures to safeguard the

public and the environment.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by order of the Lieutenant Governor in Council, an order may

apply to one or more of those provisions, and orders may be issued at different

times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Resource

Management and Safety Act, 2025 .

SCHEDULE 1

FOREST FIRES PREVENTION ACT

The title of the Forest Fires Prevention Act is

repealed and the following substituted:

Wildland

Fire Management Act

The Act is amended by striking out the heading immediately before

section 1 and

substituting the following:

Interpretation

The Act is amended by adding the following section:

Purpose

0.1 The purpose of this Act

is to provide guidance and direction for wildland fire management so as to

protect public safety and minimize adverse environmental, economic, health and

social impacts of wildland fires, and to contribute to a resilient province.

(1) The

definitions of “fire”, “forest area” and “officer” in

section 1 of the Act are repealed.

(2) Section

1 of the Act is amended by adding the following

definitions:

“boat”

includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”)

“conveyance”

means a vehicle, boat or aircraft; (“moyen de transport”)

“fire”

means any type of outdoor fire, including a wildland fire, a campfire, a fire

on a charcoal barbecue or an outdoor wood burning furnace or stove; (“feu”,

“incendie”)

“justice”

has the same meaning as in the Provincial Offences Act ;

(“juge”)

“motorboat”

means a boat with a motor that is attached to the boat and that is capable of

being used as a means of propulsion, and includes any floating object being

towed by a motorboat; (“bateau à moteur”)

“officer”

means any officer appointed or designated under

section 4; (“agent”)

“prescribed”

means prescribed by the regulations made under this Act; (“prescrit”)

“vehicle”

means any kind of vehicle that is driven, propelled or drawn on land or ice by

any kind of power, including muscular power, and includes the rolling stock of

a railway; (“véhicule”)

“wildland

area” means any forest, woodland, prairie, savannah, brush, shrubland,

peatland, agricultural land or grassland, but does not include a cultivated

garden or lawn and does include any highway, road, trail, waterway or other

transportation corridor running through the wildland area; (“zone de végétation”)

“wildland

fire” means a forest, woodland, prairie, savannah, brush, shrubland, peatland,

agricultural land or grassland fire or any other vegetation habitat fire; (incendie

de végétation)

“wildland

fire management” includes any actions or tools that relate to wildland fire prevention, mitigation,

preparedness, response and recovery. (“gestion des incendies de végétation”)

(3) Section

1 of the Act is amended by adding the following subsection:

Interpretation,

forest area

(2) The

term “forest area” in a regulation made under this Act is deemed to have the

same meaning as “wildland area”.

(4) Subsection

1 (2) of the Act, as enacted by subsection (3), is repealed.

Subsection 3 (2) of the Act is amended by striking out “Nothing in this Act” at

the beginning and substituting “Subject to

section 21.2, nothing in this Act”.

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

Officers

(1) The

Minister may appoint a person as an officer, or designate a class of persons as

officers, in one or more of the following categories of officers for the

purposes of this Act and the regulations:

1. Wildland

fire officer.

2. Wildland

fire compliance officer.

3. Wildland

fire investigator.

4. Wildland

fire enforcement officer.

Wildland

fire compliance officer

(2) By

virtue of their office, a person who is appointed as a wildland fire compliance

officer is both a wildland fire compliance officer and a wildland fire officer.

Wildland

fire investigator

(3) By

virtue of their office, a person who is appointed as a wildland fire

investigator is both a wildland fire investigator and a wildland fire

compliance officer.

Wildland

fire enforcement officer

(4) By

virtue of their office, a person who is appointed as or deemed to be a wildland

fire enforcement officer is both a wildland fire enforcement officer and a

wildland fire investigator.

Appointments

from other jurisdictions

(5) For

greater certainty, the Minister may appoint persons from other jurisdictions as

officers in the categories set out in subsection (1).

Wildland

fire enforcement officers by virtue of office

(6) The

following persons are deemed to be wildland fire enforcement officers for the

purposes of this Act by virtue of their office:

1. All

conservation officers duly appointed and employed by the Ministry.

2. A

park warden designated under subsection 12 (1.2) of the Provincial

Parks and Conservation Reserves Act, 2006 , but only in or related to the

provincial park for which the person is designated as a park warden.

3. A

park warden designated under the Canada National Parks Act ,

if he or she is acting under the direction of a conservation officer referred

to in paragraph 1.

4. A

police officer or First Nation Officer appointed under the Community Safety and Policing Act, 2019 .

5. All

members of the Royal Canadian Mounted Police.

Production

of identification

(7) Any

wildland fire officer acting under this Act shall, on request, produce

identification.

Exception

(8) Subsection

(7) does not apply to a wildland fire officer who is engaged in controlling or

extinguishing a wildland fire.

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

Right

of entry for wildland fire management

For

the purposes of wildland fire management, a wildland fire officer may enter

private land and may authorize any other person acting under their direction to

enter private land, with or without the officer, for the purpose of assisting

the officer.

Temporary

closure for fire investigation

5.1

(1) A

wildland fire officer may temporarily close off an area or building until an

investigation to determine the cause and circumstances of a wildland fire is

completed.

Offence

(2) No

person shall enter or remain in an area or building temporarily closed by an

officer under subsection (1) unless authorized by a wildland fire officer.

Inspection

of places

5.2

(1) For the

purposes of this Act or the regulations or for the purpose of inspecting the

site of a fire to determine its cause and circumstances, a wildland fire

compliance officer may enter onto any land and inspect any building, vehicle,

equipment, machinery, structure or other thing which the wildland fire

compliance officer believes on reasonable grounds relates to any work or

undertaking or any other thing to which this Act or the regulations apply.

Powers

during inspection

(2) During

the inspection, the wildland fire compliance officer may,

(

a) require

the production of any thing that is or may be relevant to the inspection;

(

b) require

the production of and inspect any document that is required to be kept under

this Act;

(

c) require

that any vehicle, equipment, machinery or other thing be operated, used or set

in motion under conditions specified by the officer;

(

d) use

or require the use of any equipment, machinery or other thing in order to carry

out the inspection, including the use of any computer system to examine data

contained in or available to the computer system for the purpose of examining

information relevant to the inspection, and of any copying equipment to make

copies of information that is relevant to the inspection;

(

e) use

or require the use of a computer system for the purposes of,

(

i) producing

a readable record from the computer system or other data storage, processing or

retrieval device belonging to or used by a person who is required to produce

any records under this section, or

(ii) examining

information relevant to the inspection, including the computer hardware or

software, or other data storage, processing or retrieval device;

(

f) if

an officer is unable to produce or receive a readable record from a computer

system or other data storage, processing or retrieval device under clause (

e) for the purpose of examining information relevant to the inspection, and after

giving a receipt,

(

i) remove

any computer hardware, software and any other data storage, processing or

retrieval device required to produce a readable record,

(ii) produce

or require the production of that record with reasonable dispatch, and

(iii) promptly

return the computer hardware, software and any other data storage, processing

or retrieval device to,

A. the

place from which they were removed, or

B. any

other place that may be agreed to by the officer and the person from whom they

were taken;

(

g) take

samples of any substance or thing that is relevant to the inspection;

(

h) take

measurements that are relevant to the inspection;

(

i) record

observations that are relevant to the inspection;

(

j) take

any photographic, audio or video records that are relevant to the inspection;

(

k) open

or require the opening of any container that the officer believes on reasonable

grounds contains anything to which this Act applies;

(

l) inspect

any other thing that is in the building or other place being inspected; and

(

m) conduct

any tests that may be relevant to the inspection.

Provision

of information

(3) A

person shall, during the inspection, provide information requested by the

wildland fire compliance officer that is relevant to the inspection.

Obligation

to assist

(4) If

a wildland fire compliance officer makes a demand for any thing under

subsection (2), the person having custody of the thing shall produce it to the

officer and, at the request of the officer, shall provide whatever assistance

is reasonably necessary, including using any data storage, processing or

retrieval device or system available, to produce a record in a readable form if

the demand is for a document.

Entry

to dwellings

(5) Subsection

(1) does not apply to a building or part of a building that is being used as a

dwelling.

Warrant

for dwelling

(6) On

application without notice, a justice may issue a warrant authorizing a

wildland fire compliance officer to enter a dwelling if the justice is

satisfied, by information given under oath or affirmation, that,

(

a) the

wildland fire compliance officer is entering the dwelling to conduct an

inspection for any of the purposes set out in subsection (1); and

(

b) entry

to the dwelling has been refused or there are reasonable grounds to believe

that entry will be refused.

Same,

application for warrant

(7) An

application under subsection (6) shall specify that the warrant is to enter and

inspect a building or part of a building that is being used as a dwelling.

Assistance

(8) A

wildland fire compliance officer may be accompanied or assisted by any person

during an inspection under this section.

Conditions

in warrant

(9) A

warrant granted under this

section is subject to any conditions specified in

the warrant.

Time

of entry

(10) An

entry under this

section shall be made at a time that is reasonable in view of

the activity that is conducted in the building or other place.

Copies

(11) A

wildland fire compliance officer may make copies of any documents inspected or

produced during the inspection.

Removal

(12) A

wildland fire compliance officer may remove any documents or other things for

the purpose of making copies or for further inspection.

Same

(13) The

copying or further inspection referred to in subsection (12) shall be carried

out with reasonable dispatch and the documents or other things shall be

returned promptly to the person from whom they were taken.

Stopping

conveyances to inspect

5.3

(1) A

wildland fire compliance officer may stop a conveyance if they have reasonable

grounds to believe that stopping the conveyance would assist in determining

whether there is compliance with this Act or the regulations or for the

purposes of gathering information about a fire.

Operator

to stop

(2) On

the wildland fire compliance officer’s signal to stop, the operator of the

conveyance shall immediately stop and produce for inspection any document or

other thing requested by the officer for the purposes of this Act.

Stop

signals

(3) For

the purpose of subsection (2), signals to stop include,

(

a) intermittent

flashes of red light or red and blue light, in the case of a vehicle;

(

b) intermittent

flashes of blue light, in the case of a boat; and

(

c) a

hand signal to stop, in the case of a vehicle or boat.

warrants re offences

5.4

(1) A

wildland fire enforcement officer may obtain a search warrant under

Part VIII

of the Provincial Offences Act .

Exigent

circumstances

(2) If

a wildland fire enforcement officer has reasonable grounds to believe that

there is in a building, conveyance or other place any thing that will afford

evidence of an offence under this Act but that the time required to obtain a

warrant would lead to the loss, removal or destruction of the evidence, the

wildland fire enforcement officer may, without a warrant, enter and search the

building or other place or stop, detain, enter and search the conveyance.

Exception,

dwellings

(3) Subsection

(2) does not apply to a building or part of a building that is being used as a

dwelling.

Use

of computers, etc.

(4) A

wildland fire enforcement officer who is conducting a search that is authorized

by a warrant or by subsection (2) may,

(

a) use

or require the use of any computer system or other device that contains or is

able to retrieve information for the purpose of examining information contained

in or available to the computer system or other device; and

(

b) produce

or require the production of a printout or other output from the computer

system or other device.

Necessary

force

(5) A

wildland fire enforcement officer may use whatever force is reasonably

necessary to execute a search warrant or to effect a search under subsection

(2).

Warrant

to conduct tests

5.5

(1) On

application without notice, a justice may issue a warrant authorizing a

wildland fire enforcement officer and any person specified in the warrant to

use any investigative technique or procedure or to take any action described in

the warrant if the justice is satisfied by information under oath that,

(

a) there

are reasonable grounds to believe that an offence under this Act has been or is

being committed; and

(

b) evidence

concerning the offence will be obtained through the use of the technique or

procedure or taking the action.

Power

to enter, etc.

(2) A

warrant may authorize a wildland fire enforcement officer or other specified

person to enter and search the building or other place for which the warrant

was issued and, without limiting the powers of the justice under subsection

(1), the warrant may, in respect of the alleged offence, authorize the person

specified in it to conduct any tests, take any measurements, take any specimens

or samples, set up any equipment, make any excavations and make any

photographic or other records that may be relevant to the search.

Duration

(3) A

warrant under subsection (2) is valid for 30 days or for such shorter period as

may be specified.

Production

orders

5.6

(1) On

application without notice and subject to subsection (3), a justice may issue

an order to a person other than a person under investigation for an offence

requiring the person to,

(

a) produce

documents or copies of documents, certified by affidavit to be true copies;

(

b) produce

data; or

(

c) prepare

a document based on documents or data already in existence and produce it.

Content

of order

(2) An

order under subsection (1) shall require the document or data to be produced

within the time, at the place and in the form specified in the order and

require that it be given to a wildland fire enforcement officer named in the

order.

Grounds

for order

(3) A

justice may make an order under subsection (1) if they are satisfied by

information given under oath or affirmation that there are reasonable grounds

to believe that,

(

a) an

offence under this Act has been or is being committed;

(

b) the

document or data will provide evidence respecting the offence or suspected

offence; and

(

c) the

person who is subject to the order has possession or control of the document or

data.

Conditions

(4) An

order under subsection (1) may contain such conditions as the justice considers

advisable.

return of copies

(5) Copies

of documents produced under this

section are not required to be returned to the

person who provided them.

Arrest

without warrant

5.7

(1) A

wildland fire enforcement officer may arrest, without warrant, a person that they

have reasonable grounds to believe is committing, has committed or is about to

commit an offence under this Act.

Release

(2) If

a wildland fire enforcement officer arrests a person under this section, the

officer shall, as soon as practicable, release the person from custody, unless

the officer has reasonable grounds to believe that,

(

a) it

is necessary in the public interest for the person arrested to be detained,

having regard to all the circumstances, including the need to,

(

i) establish

the identity of the person,

(ii) secure

or preserve evidence of or relating to the offence, or

(iii) prevent

the continuation or repetition of the offence or the commission of another

offence; or

(

b) the

person arrested, if released, will not respond to a summons or offence notice

or will not appear in court.

Person

not released

(3) Subsections

149 (2) and (3) and

section 150 of the Provincial Offences

Act apply with necessary modifications if the person arrested is not

released under subsection (2) of this section.

Necessary

force

(4) A

wildland fire enforcement officer may use as much force as is reasonably

necessary to exercise any of the powers referred to in this section.

Seizure

and forfeiture

5.8

(1) A wildland

fire investigator who lawfully enters onto any lands or into an area or

building under this Act may seize any thing that the wildland fire investigator

believes on reasonable grounds,

(

a) has

been used in the commission of an offence under this Act;

(

b) will

afford evidence of the commission of an offence under this Act;

(

c) will

afford evidence of the cause of a fire; or

(

d) is

intermixed with a thing referred to in clause (a), (

b) or (c).

Presence

pursuant to warrant

(2) If

the wildland fire investigator

is in the

area or building pursuant to a warrant, subsection (1) applies to any thing,

whether or not it is specified in the warrant.

Safekeeping

(3) A

wildland fire investigator

shall

deliver any thing they seize to a person authorized by the Minister for

safekeeping.

Leaving

with occupant

(4) Despite

subsection (3), a wildland fire investigator may leave a thing that they seize in the

custody of the occupant of the area or building in which it was seized.

Occupant

to safeguard

(5) If

any thing is left in the custody of an occupant under subsection (4), the

occupant shall safeguard the thing until,

(

a) a

wildland fire investigator

removes

the thing;

(

b) the

occupant is notified by a wildland fire investigator that the investigation has concluded and

that a charge will not be laid; or

(

c) if

a charge is laid, the defendant is acquitted or the charge is dismissed,

withdrawn or finally disposed of.

Thing

carried before justice

(6) Subsections

(3) and (4) do not apply to a thing that is required to be carried before a

justice by a search warrant issued under

Part VIII of the Provincial

Offences Act .

Return

of seized things

(7) Any

thing seized and not forfeited under this

section shall be returned to the

person from whom it was seized if,

(

a) a

charge is not laid at the conclusion of the investigation; or

(

b) a

charge is laid but, when the prosecution is finally disposed of, the defendant

is acquitted or the charge is dismissed or withdrawn.

Payment

of fine

(8) If

a person is convicted of an offence and a fine is imposed,

(

a) a

thing seized in connection with the offence and not forfeited to the Crown

under this

section shall not be returned until the fine has been paid; and

(

b) if

payment of the fine is in default within the meaning of

section 69 of the Provincial Offences Act , a justice may order that the

thing be forfeited to the Crown.

Forfeiture

if identity unknown

(9) If

the identity of the person from whom a thing was seized has not been

ascertained within 30 days after the seizure, the thing is forfeited to the

Crown.

Forfeiture

on conviction

(10) If

a person is convicted of an offence under this Act, the justice may order that

any thing seized in connection with the offence be forfeited to the Crown.

Application

of subs. (10)

(11) Subsection

(10) applies in addition to any other penalty.

Disposition

of forfeited thing

(12) A

thing forfeited to the Crown shall be disposed of in accordance with the

directions of the Minister.

Application

by person with interest

(13) If

a thing is forfeited to the Crown following a conviction under this Act, a

person who claims an interest in the thing and who is not the person from whom

the thing was seized or the person who was convicted may apply to a justice,

not later than 30 days after the thing is forfeited, on notice to the Minister

and to the person from whom the thing was seized, for an order directing that

the thing be released to the person claiming the interest.

Condition

(14) An

order made under subsection (13) is subject to such conditions as may be

imposed by the justice.

Evidence

5.9 A copy of a document

produced under

section 5.2, 5.4, 5.6 or 5.8 on proof by affidavit that it is a

true copy, is admissible in evidence in proceedings under this Act and has the

same probative force as the original document would have if it had been proved

in the ordinary way.

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

Information

to be given to wildland fire officer by persons in wildland areas

6. Every person in a

wildland area shall, on request, give a wildland fire officer the following

information:

1. The

person’s name.

2. The

person’s address.

3. The

person’s contact information.

4. The

routes the person will be following within the wildland area.

5. Any

locations where the person will be staying overnight in the wildland area.

6. Any

other information pertaining to the protection of persons and the wildland area

from fire.

Section 7 of the Act is repealed and the following substituted:

Right

to summon assistance

(1) For

the purposes of controlling or extinguishing a fire, or for the purposes of

responding to a wildland fire emergency, a wildland fire compliance officer may,

(

a) use

any privately-owned equipment;

(

b) employ

or summon the assistance of every able person over the age of 18, except

persons providing essential services and persons physically unfit; and

(

c) on

private lands, take such action as the wildland fire compliance officer

considers advisable to control or extinguish a fire or to respond to a wildland

fire emergency.

Regulations

(2) The

Minister may make regulations prescribing the use of any privately-owned

equipment, and the employment and summoning of persons as set out in subsection

(1), including,

(

a) prescribing

(

b) prescribing

rates to be paid for the employment or summoning of a person under this

section, except in respect of classes of persons for whom rates of pay are the

subject of an order under subsection (4);

(

c) exempting

or modifying the rates, terms or conditions and imposing conditions on such

exemptions or modifications;

(

d) prescribing

any other criteria related to the equipment or persons, to the fire that is to

be controlled or extinguished or to the wildland fire emergency that is to be

responded to.

Adoption

by reference

(3) A

regulation made under subsection (2) may adopt by reference, in whole or in

part, with such changes as the Minister considers necessary, any code, standard

or guideline, as it reads at the time the regulation is made or as amended from

time to time.

Rates

of pay

(4) Except

in respect of classes of persons for whom rates of pay are set out in a

regulation, the Minister may, by order, fix the rates of pay for persons

employed or summoned under this section.

Legislation Act, 2006 ,

Part III

(5) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (4).

Notice

of order

(6) The

Minister shall provide notice of an order made under subsection (4) at such

time and in such manner as the Minister considers appropriate.

Proof

of order

(7) A

document that purports to be an order made under subsection (4) or that

purports to be a copy of an order made under subsection (4) is admissible in

evidence as proof of the making of the order and of the order’s contents, in

the absence of evidence to the contrary.

Section 8 of the Act is repealed.

Section 10 of the Act is amended by adding the following subsections:

Minister’s

order extending fire season

(2) The

Minister may, by order, declare any period between January 1 and March 31, both

inclusive, or between November 1 and December 31, both inclusive, in any year

to be a fire season in a fire region or any part of a fire region.

Legislation Act, 2006 ,

Part III

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (2).

Notice

of order

(4) The

Minister shall provide notice of an order made under subsection (2) at such

time and in such manner as the Minister considers appropriate.

Proof

of order

(5) A

document that purports to be an order made under subsection (2) or that

purports to be a copy of an order made under subsection (2) is admissible in

evidence as proof of the making of the order and of the order’s contents, in

the absence of evidence to the contrary.

The Act is amended by adding the following section:

Fires

in fire season

(1) No

person shall start or tend a fire outdoors during a fire season in an area

outside a restricted fire zone except,

(

a) under

the authority of and in accordance with a fire permit issued pursuant to

subsection (2); or

(

b) in

the prescribed circumstances.

Issuance

of fire permit

(2) A

wildland fire compliance officer may, in accordance with any regulations,

(

a) issue

a fire permit that allows the holder of the permit to have a fire outdoors

during the fire season; and

(

b) impose

written conditions on the fire permit.

The Act is amended by striking out the heading immediately before

section 12

and substituting the following:

Restricted

Fire Zones

The Act is amended by adding the following

section immediately after the

heading “Restricted Fire Zones”:

Restricted

fire zone order

11.1

(1) The

Minister may, by order, declare all or any part of the fire region as a

restricted fire zone.

Legislation Act, 2006 ,

Part III

(2) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (1).

Notice

of order

(3) The

Minister shall provide notice of an order made under subsection (1) at such

time and in such manner as the Minister considers appropriate.

Proof

of order

(4) A

document that purports to be an order made under subsection (1) or that

purports to be a copy of an order made under subsection (1) is admissible in

evidence as proof of the making of the order and of the order’s contents, in

the absence of evidence to the contrary.

(1) Section 12 of the Act is amended by adding “or tend” after

“shall start” in the portion before clause (a).

(2) Clause

12 (

a) of the Act is repealed and the following substituted:

(

a) except

under the authority of and in accordance with a fire permit issued under

subsection (2); or

(3) Section

12 of the Act is amended by adding the following subsection:

Issuance

of fire permit

(2) A

wildland fire compliance officer may, in accordance with any regulations made

under this Act,

(

a) issue

a fire permit that allows the holder of the permit to have a fire outdoors in a

restricted fire zone; and

(

b) impose

written conditions on the fire permit.

The Act is amended by adding the following

section immediately after the

heading “Prevention Measures”:

Wildland

fire management plan

(1) The

following entities shall prepare a wildland fire management plan that meets the

prescribed standards:

1. Every

municipality located in a fire region.

2. Any

prescribed entity carrying out prescribed activities or operating in prescribed

locations in a fire region.

Deemed

plan

(2) If

an entity referred to in subsection (1) has prepared a plan for a different

purpose and, in the opinion of the Minister, that plan meets the prescribed

standards for a wildland fire management plan, the plan is deemed to be a

wildland fire management plan.

Provision

of plan

(3) An

entity referred to in subsection (1) shall provide the wildland fire management

plan referred to in subsection (1) or (2), as the case may be, to the Ministry

on request within the time specified in the request.

Order

to create or update a plan

(4) If

an entity referred to in subsection (1) does not have a wildland fire

management plan or, in the opinion of the Minister, has a wildland fire

management plan that does not meet the prescribed standards, the Minister may

order the entity to create a wildland fire management plan that meets the

prescribed standards or update its wildland fire management plan so that it

meets the prescribed standards, as the case may be.

Compliance

(5) An

entity ordered to create or update a wildland fire management plan under

subsection (4) shall comply with the order within the time period set out in

the order.

Yearly

review and revision of plan

(6) Every

entity referred to in subsection (1) shall review and, if necessary, revise its

wildland fire management plan every year.

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

Equipment

If a

work

schedule under the Crown Forest Sustainability Act,

1994 or any provision of this Act or the regulations requires equipment

to be kept at a site, the equipment shall be in working order and, if a type is

specified, the equipment shall be of the specified type.

(2) Section

15 of the Act, as enacted by subsection 17 (1), is amended by striking out “If

a work schedule” at the beginning and substituting “If a wildland fire

management plan, a work schedule”.

(1) Subsection 16 (1) of the Act is amended by striking out “36

(a.1)” and substituting “36 (1) (c)”.

(2) Subsection

16 (2) of the Act is amended by striking out “36 (a.3)” and substituting “36

(1) (d)”.

Section 17 of the Act is amended by striking out “an officer” at the end and

substituting “a wildland fire compliance officer”.

(1) Subsection 18 (1) of the Act is amended by,

(

a) striking

out “an officer” and substituting “a wildland fire compliance officer”;

(

b) striking

out “his or her” and substituting “their”; and

(

c) striking

out “the officer” wherever it appears and substituting in each case “the

wildland fire compliance officer”.

(2) Subsection

18 (2) of the Act is amended by striking out “the officer” wherever it appears

and substituting in each case “the wildland fire compliance officer”.

(3) Subsection

18 (3) of the Act is amended by striking out “an officer” and substituting “a

wildland fire compliance officer”.

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

Wildland

fire management agreements

(1) The

Minister may enter into agreements with respect to wildland fire management.

Authorization

re prohibited activities

(2) An

agreement under subsection (1) may authorize a party to the agreement to engage

in an activity specified in the agreement that would otherwise be prohibited

under this Act.

Same

(3) A

party to an agreement who is authorized to engage in an activity under

subsection (2) shall comply with any conditions specified in the agreement

relating to the authorization.

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

Extinguishment

of fires

In the

interest of public safety or the protection of a wildland area, a wildland fire

officer may, at any time, extinguish a fire or order any person in charge or

apparently in charge of a fire to extinguish the fire.

Subsection 21 (1) of the Act is amended by,

(

a) striking

out “section 19” and substituting “subsection 19 (1)”;

(

b) striking

out “grass, brush or forest” and substituting “wildland”;

(

c) striking

out “an officer” and substituting “a wildland fire compliance officer”; and

(

d) striking

out “the officer” and substituting “the wildland fire compliance officer”.

Clause 21.1 (6) (

a) of the Act is repealed.

The Act is amended by adding the following section:

private law duty of care

21.2 The Minister does not

owe a private law duty of care to any person in respect of,

(

a) any

agreement entered into under subsection 19 (1);

(

b) any

purported failure to enter into, amend or terminate any such agreement;

(

c) any

order or implementation order or any permit made or issued under

section 23; or

(

d) any

purported failure to make, issue, amend or revoke any such order,

implementation order or permit.

Section 22 of the Act is amended by striking out “an officer” and substituting

“a wildland fire officer”.

Section 23 of the Act is repealed and the following substituted:

Emergency

area orders

(1) Where

in the opinion of the Minister a wildland fire emergency exists, the Minister

may, by order, declare an area to be a wildland fire emergency area.

Implementation

orders

(2) The

Minister may make implementation orders and take such action as they consider

necessary for effectual wildland fire management or for the safety of or

evacuation of persons in an area that is the subject of a declaration under

subsection (1).

contravention without permit

(3) No

person shall contravene an implementation order, except in accordance with a

permit issued by the Minister under subsection (4).

Permit

re otherwise prohibited activities

(4) The

Minister may issue a permit that authorizes a person or class of persons to

engage in specified activities that would otherwise be prohibited under

subsection (2) if the Minister is of the opinion that permitting the specified

activities,

(

a) would

not pose significant risk to human health and safety; and

(

b) would

permit or enable,

(

i) the

protection of human or animal health and safety,

(ii) the

protection of natural resources and human-made structures or improvements if

the natural resources or human-made structures or improvements have measurable

or intrinsic worth and may be destroyed or otherwise altered by a fire in an

area that is subject to the declaration under subsection (1),

(iii) the

protection, recovery or maintenance of critical infrastructure,

(iv) wildland

fire control or extinguishment,

(

v) activities

generating significant economic benefit to the province, or

(vi) any

other activities the Minister considers necessary in the circumstances.

Conditions

to permit

(5) A

permit issued under subsection (4) may include applicable conditions.

Legislation Act, 2006 ,

Part III

(6) An

order made under subsection (1) or (2) is not a regulation within the meaning

Part III (Regulations) of the Legislation Act, 2006 .

Notice

of order

(7) The

Minister shall provide notice of an order made under subsection (1) or (2) at

such time and in such manner as the Minister considers appropriate.

Proof

of order

(8) A

document that purports to be an order made under subsection (1) or (2), as the

case may be, or that purports to be a copy of an order made under subsection

(1) or (2), as the case may be, is admissible in evidence as proof of the

making of the order and of the order’s contents, in the absence of evidence to

the contrary.

The Act is amended by striking out the heading immediately before

section 25

and substituting the following:

Offences

and Penalties

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

Obstruction

of officers

person shall not,

(

a) knowingly

make a false or misleading statement to a wildland fire officer who is acting

under this Act; or

(

b) hinder,

impede or otherwise obstruct a wildland fire officer who is acting under this

Act.

Section 31 of the Act is amended by adding “wildland” before “fire”.

Section 32 of the Act is amended by striking out “placed in a forest area for

the purpose of protecting the forest” at the end and substituting “placed in

any area for the purpose of protecting the wildland area or for wildland fire

management”.

The Act is amended by adding the following section:

Offences

for contravention or failure to comply

34.1 Every person is guilty

of an offence who contravenes, fails to comply with or attempts to contravene

or fail to comply with,

(

a) a

provision of this Act or the regulations;

(

b) an

order made under this Act;

(

c) a

condition of a permit issued under this Act; or

(

d) a

condition set out in an agreement made under subsection 19 (1).

The Act is amended by striking out the heading immediately before

section 35.

(1) Subsection 35 (1) of the Act is repealed and the following

substituted:

Penalties

(1) A

person who is guilty of an offence set out in

section 34.1 is liable, on

conviction, to,

(

a) if

the person is an individual, a fine of not more than $50,000, a term of

imprisonment of not more than one year, or to both; or

(

b) if

the person is a corporation, a fine of not more than $500,000.

Order

re other penalties

(1.1) If

a person is convicted of an offence under this section, the court may, on its

own initiative or on the motion of the prosecutor, make one or more of the

following orders in addition to any other penalty:

1. An

order requiring the person to refrain from engaging in any activity that could,

in the opinion of the court, result in the continuation or repetition of the

offence.

2. An

order requiring the person to take any action that the court considers

appropriate to remedy or prevent any harm to a wildland area that was a direct

or indirect result of, or may result from, the commission of the offence.

3. An

order to pay the Crown or any other person for all or part of any costs

incurred to remedy or prevent any harm to a wildland area that directly or

indirectly resulted from or may result from the commission of the offence.

4. An

order to take such other steps as are specified in the order to comply with

this Act, the regulations or any order made under this Act.

5. An

order to pay to the Crown or any other person all or part of any expenses

incurred by the Minister or the person, as the case may be, with respect to the

seizure, storage or disposition of any thing seized in connection with the

offence.

6. An

order prohibiting the person from holding or applying for a permit issued under

this Act and specified in the order and cancelling any such permit that the

person currently holds.

7. An

order to publish, in any manner that the court considers appropriate, the facts

relating to the commission of the offence.

Other

conditions

(1.2) An

order under subsection (1.1) may contain such other conditions relating to the

circumstances of the offence and of the person who committed or contributed to

the commission of the offence as the court considers appropriate to prevent

similar unlawful conduct.

stay on appeal

(1.3) An

appeal of a conviction of an offence under this Act does not stay the effect of

an order made under subsection (1.1) at the time of the conviction.

(2) Subsection

35 (2) of the Act is amended by striking out “subsection (1)” and substituting

“section 34.1”.

(3) Subsection

35 (3) of the Act is amended by adding “this Act or” after “a provision of”.

(4) Subsection

35 (4) of the Act is repealed and the following substituted:

Regulated

operations

(4) A

wildland fire compliance officer who finds that an operation is being carried

on in contravention of the regulations made under clause 36 (1) (

d) may order

that the operation cease until any necessary permit has been obtained or until

the person is in compliance with the regulations.

(5) Subsection

35 (6) of the Act is repealed and the following substituted:

Corporations

(6) If

a corporation commits an offence under this Act, an officer, director, employee

or agent of the corporation who directed, authorized, assented to, acquiesced

in or participated in the commission of the offence is party to and guilty of

the offence and is liable on conviction to the punishment provided for the

offence, whether or not the corporation has been prosecuted for the offence.

Employers

and principals

(7) In

a prosecution for an offence under this Act, it is sufficient proof of the

offence to establish that it was committed by an employee or agent of the

defendant acting in the course of employment or agency, whether or not the

employee or agent is identified or has been prosecuted for the offence, unless

the defendant establishes that,

(

a) the

offence was committed without the knowledge of the defendant; and

(

b) the

offence was committed without the consent of the defendant.

Presiding

judge

(8) 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.

Limitation

period

(9) A

proceeding in respect of an offence under this Act shall not be commenced

after the earlier of,

(

a) two

years after the day evidence of the offence first came to the attention of a

wildland fire compliance officer; or

(

b) five

years after the offence was, or is alleged to have been, committed.

Same,

transition

(10) Subsections

(1), (1.1), (6), (7) and (9) apply to an offence committed under this Act

after subsection 34 (5) of

Schedule 1 to the Resource

Management and Safety Act, 2025 comes into force.

(6) Subsection

35 (10) of the Act, as enacted by subsection (5), is repealed.

The Act is amended by adding the following section:

Remediation

orders

35.1

(1) If a

prescribed person is satisfied that a person is contravening or not complying

with a provision of this Act or the regulations, unless the provision is

prescribed, the prescribed person may issue a remediation order to the person

in accordance with this

section and the regulations.

Contents

of order

(2) The

remediation order referred to in subsection (1) shall be in writing and shall

include the following information:

1. The

particulars of the contravention of this Act or the regulations.

2. The

activity that shall be performed for remediation purposes by the person who

contravened or failed to comply with a provision of this Act or the

regulations.

3. The

date by which the activity referred to in paragraph 2 is to be carried out.

4. The

right to request a review of the remediation order.

Purposes

of remediation activities

(3) Any

activities required to be performed in a remediation order shall be consistent

with the purposes of wildland fire management or with any prescribed purposes.

Remediation

order may be imposed with other measures

(4) A

remediation order may be issued in conjunction with any other regulatory

measure provided by this or any other Act.

Limitation

(5) A

remediation order shall not be issued more than two years after the

contravention first came to the knowledge of a wildland fire compliance

officer.

Deadline

(6) A

person who has received a remediation order shall carry out the required

activity by the date set out in the order, subject to any stays of the order

described in subsection (11).

right to be heard

(7) There

is no right to be heard before a remediation order is made.

Request

for review

(8) A

person who has received a remediation order may submit a request for a review

of the order to the Minister.

Time

to submit request for review

(9) A

request for review under subsection (8) must be submitted to the Minister no

more than 30 days after the day the order is served.

review requested

(10) If

a person who has received a remediation order requests a review under

subsection (8), the Minister shall conduct the review in accordance with the

regulations, if any.

Stay

of order

(11) The

commencement of a review operates as a stay of the order until the matter is

finally disposed of.

Decision

of Minister

(12) After

conducting the review, the Minister may,

(

a) find

that the person did not contravene the provision of this Act or the regulations

specified in the remediation order, and rescind the remediation order;

(

b) find

that the person did contravene the provision of this Act or the regulations

specified in the remediation order, and affirm the remediation order; or

(

c) find

that the person did contravene the provision of this Act or the regulations

specified in the remediation order but determine that the penalty is excessive

in the circumstances and amend the remediation order to substitute a less

onerous activity.

Decision

final

(13) The

Minister’s decision under subsection (12) is final.

Activity

after review

(14) If

the Minister finds under clause (12) (

b) or (

c) that a person has contravened

the provision of this Act or the regulations specified in the remediation order,

the person shall carry out the activity set out in the order within the time

period set out by the Minister in the decision.

The Act is amended by adding the following section:

Administrative

penalties

Purpose

35.2

(1) The

purpose of an administrative penalty imposed under this

section is to promote

compliance with the requirements established under this Act.

Order

imposing administrative penalties

(2) If

a prescribed person is satisfied that a person is contravening or not complying

with a provision of this Act or the regulations, unless the provision has been

prescribed, the prescribed person may, by order, impose an administrative

penalty on the person in accordance with this

section and the regulations.

Content

of order

(3) The

order imposing an administrative penalty shall be in writing and shall include

the following information:

1. The

particulars of the contravention of this Act or the regulations.

2. The

date and time by which payment of the administrative penalty must be made.

3. The

amount payable and how payment of the administrative penalty may be made.

4. The

right to request a review of the administrative penalty order.

Amount

of administrative penalty

(4) The

amounts for administrative penalties shall be determined in accordance with the

regulations.

Administrative

penalty may be imposed with other measures

(5) An

administrative penalty may be imposed alone or in conjunction with any other

regulatory measure provided by this or any other Act.

Limitation

(6) An

administrative penalty shall not be imposed more than two years after the

contravention first came to the knowledge of a wildland fire compliance

officer.

Deadline

to pay penalty

(7) A

person who has received an order imposing an administrative penalty shall pay

the penalty within 30 days after the day the order was served, subject to any

stays of the order described in subsection (12).

right to be heard

(8) There

is no right to be heard before an order imposing an administrative penalty is

made.

Right

to review

(9) A

person who has received an order imposing an administrative penalty may submit

a request for a review of the order to the Minister.

Time

to submit request for review

(10) A

request for review under subsection (9) must be submitted to the Minister within

30 days after the order is served.

review requested

(11) If

a person who has received an order imposing an administrative penalty requests

a review under subsection (9), the Minister shall conduct the review in

accordance with any prescribed requirements.

Stay

of order

(12) A

review commenced under subsection (9) operates as a stay of the order until the

matter is finally disposed of.

Decision

of Minister

(13) After

conducting the review, the Minister may,

(

a) find

that the person did not contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty, and rescind the

order imposing the administrative penalty;

(

b) find

that the person did contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty, and affirm the

order imposing the administrative penalty; or

(

c) find

that the person did contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty but that the penalty

is excessive in the circumstances or is, by its magnitude, punitive in nature

having regard to all the circumstances and, in that case, the Minister shall

amend the order imposing the administrative penalty by reducing the amount of

the penalty.

Decision

final

(14) The

Minister’s decision under subsection (13) is final.

Payment

after review

(15) If

the Minister finds under clause (13) (

b) or (

c) that a person has contravened

the provision of this Act or the regulations specified in the order imposing

the administrative penalty, the person shall pay the penalty required by the

Minister within 30 days after the day the decision was made.

Enforcement

by court

(16) If

an order imposing an administrative penalty has been issued under this

section

to a person and the penalty is not paid by the applicable deadline, the order

imposing the administrative penalty or the Minister’s decision, as the case may

be, may be filed in the Superior Court of Justice and then may be enforced as

if it were an order of that court.

Post

judgment interest

(17) Section

129 of the Courts of Justice Act applies in respect

of an order or decision filed in the Superior Court of Justice under subsection

(16) of this

section and the date on which the order or decision is filed under

subsection (16) of this

section is deemed to be the date of the order that is

referred to in

section 129 of the Courts of Justice Act .

The Act is amended by adding the following section:

General

Standard

of review

35.3 In any judicial review

of a decision made by the Minister, or a delegate of the Minister, under this

Act, the decision shall not be altered or set aside unless it is unreasonable.

The Act is amended by adding the following section:

Service

35.4

(1) An order

under

section 14, 35.1 or 35.2 is sufficiently sent to or served on a person if

it is delivered,

(

a) personally;

(

b) by

registered mail;

(

c) by

email;

(

d) by

any means that allows for proof of receipt; or

(

e) by

any other prescribed means.

Service

by registered mail

(2) If

service is made by registered mail, the service is deemed to be made on the

fifth day after the day of mailing.

Service

by email

(3) If

service is made by email, the service is deemed to be made on the day after it

is sent unless that day is a Saturday or a holiday in which case the notice or

order is deemed to be received on the next day that is not a Saturday or a

holiday.

Exception

(4) If

a person on whom service is being made by registered mail or email establishes

that they 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, that later date is the deemed date of receipt.

Section 36 of the Act is repealed and the following substituted:

Regulations

— Lieutenant Governor in Council

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

and governing anything in this Act that is described as being prescribed, done

in accordance with the regulations, provided for in the regulations or

authorized or required by the regulations, other than a matter that this Act

describes as being prescribed by the Minister;

(

b) declaring

parts of Ontario to be fire regions and declaring the name that each fire

region shall bear;

(

c) regulating

or prohibiting outdoor fires;

(

d) regulating

or prohibiting operations specified by the regulations;

(

e) prescribing

and governing the circumstances in which a fire permit is not needed;

(

f) governing

the issuance, form, refusal and cancellation of permits or classes of permits

permits or classes of permits;

(

g) providing

for and governing appeals from a refusal to issue or renew a permit, from the

permit;

(

h) designating

classes of operations and activities and governing the equipment, staff and

precautions to be provided or observed in respect of wildland fire management

by persons engaged in any class of operation or activity;

(

i) designating

kinds of stoves and installations for the purpose of

section 12 and governing

their use in restricted fire zones;

(

j) governing

wildland fire management plans and prescribing requirements with respect to

their contents;

(

k) prescribing

costs, expenses, losses and damages for the purposes of subsection 21.1 (4);

(

l) governing

remediation orders that may be imposed under

section 35.1, including,

(

i) prescribing

the person or classes of persons who may issue remediation orders,

(ii) prescribing

the provisions of this Act or the regulations that, when contravened, may not

form the subject of a remediation order,

(iii) prescribing

and governing procedures for making and serving a remediation order and the

form and content of such orders,

(iv) prescribing

activities that can be required in a remediation order,

(

v) governing

reviews of remediation orders, including providing procedures for requesting,

commencing and conducting such reviews and prescribing criteria that are to be

considered and criteria that are not to be considered in such reviews, and

(vi) governing

the purposes in respect of which an activity in a remediation order must be

consistent;

(

m) governing

administrative penalties that may be imposed under

section 35.2, including,

(

i) prescribing

the person or classes of persons who may issue administrative penalties,

(ii) prescribing

the provisions of this Act or the regulations that, when contravened, may not

form the subject of an administrative penalty,

(iii) prescribing

the amount of an administrative penalty or providing for the determination of

the amount of the penalty by prescribing the method of calculating the amount

and the criteria to be considered in determining the amount,

(iv) providing

for different amounts to be paid, or different calculations or criteria to be

used, providing for amounts to be paid in respect of each day or part of a day

and providing for higher penalties for a second or subsequent contravention or

failure to comply,

(

v) governing

the payment of penalties and authorizing prescribed persons to approve a plan

of periodic payments that extends beyond the deadline,

(vi) authorizing

the imposition of late payment fees respecting penalties that are not paid

before the specified deadline, including graduated late payment fees, and

providing that such fees are included as part of the penalty for enforcement

purposes,

(vii) prescribing

and governing procedures for making and serving an administrative penalty order

and the form and content of such orders,

(viii) governing

reviews of administrative penalties, including providing procedures for requesting,

commencing and conducting such reviews and prescribing criteria that are to be

considered and criteria that are not to be considered in such reviews,

(ix) prescribing

circumstances in which a person is not required to pay an administrative

penalty, and

(

x) providing

that an administrative penalty is payable to the Minister of Finance;

(

n) prescribing

forms and providing for their use;

(

o) respecting

any matter necessary or advisable to effectively carry out wildland fire

management;

(

p) defining

any term that is not defined in this Act.

General

or specific

(2) A

regulation made under this

section may be general or specific in its

application.

Adoption

by reference

(3) A

regulation made under subsection (1) may adopt by reference, in whole or in

part, with such changes as the Lieutenant Governor in Council considers

necessary, any code, standard or guideline, as it reads at the time the

regulation is made or as amended from time to time.

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

Transition

regulations

The

Lieutenant Governor in Council may make regulations governing such transitional

matters as the Lieutenant Governor in Council considers necessary or advisable

with respect to the enactment of

Schedule 1 to the Resource

Management and Safety Act, 2025 .

The Act is amended by striking out “forest area” in the following provisions

and substituting in each case “wildland area”:

Section

Section

Section

Section

Section

Conservation

Authorities Act

Clause 29 (1) (

h) of the Conservation Authorities Act

is amended by striking out “ Forest Fires Prevention Act ”

and substituting “ Wildland Fire Management Act ”.

Mining

Act

Paragraph 1 of subsection 67 (3) of the Mining Act

is amended by striking out “ Forest Fires Prevention Act ”

and substituting “ Wildland Fire Management Act ”.

Workplace

Safety and Insurance Act, 1997

(1) Subsection 14 (1) of the Workplace Safety

and Insurance Act, 1997 is amended by striking out “and Forestry”

wherever it appears.

(2) The

definition of “wildland fire investigator” in subsection 14 (1) of the Act is

amended by striking out “ Forest Fires Prevention Act ”

and substituting “ Wildland Fire Management Act ”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on January 1, 2026.

(2) Subsection

34 (6) comes into force on January 1, 2031.

(3) Subsection

4 (4),

section 16, subsection 17 (2) and sections 35, 36 and 38 come into force

on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 2

GEOLOGIC CARBON STORAGE ACT, 2025

CONTENTS

PART I

INTERPRETATION, PURPOSE AND PROHIBITIONS

Interpretation

Purpose

Regulated

activities

Prohibition

Regulations,

Part I

PART II

OWNERSHIP OF AND RIGHTS TO PORE SPACE

Definition

Ownership

of pore space

Taking

of rights by the Crown

Crown

authorization

expropriation

PART III

AUTHORIZATIONS

Licences

for use of Crown lands and public pore space

Permits

Unitization

orders

Referral

to Ontario Energy Board

Referral

to Tribunal

Completeness

of applications

Authorizations,

period of validity

Transfers

Revocation

Suspensions

Regulations,

Part III

PART IV

OBLIGATIONS AND OPERATION AND CLOSURE OF CARBON STORAGE SITES

General

obligations

Tribunal

conferral of rights over lands re carbon storage sites

Orders

to cease carbon injection

Closure

of a carbon storage site

Closure

certificate and transfer of liabilities

Insurance

coverage

Provision

of information

Regulations,

Part IV

PART V

REVIEWS AND APPEALS BEFORE TRIBUNAL

Notices

of proposal

Reviews

and appeals

Disposition

of review, licences

Disposition

of appeal, permits

Regulations,

Part V

PART VI

ENFORCEMENT

Definitions

Review

by third party

Inspectors,

appointment

Inspection

to determine compliance

Stopping

vehicles and boats to inspect

Assisting

inspector

Obstruction

of inspector

Orders

by inspectors where non-compliance

Order

re preventative measures

Order

to decommission a well or ancillary work

Direction

that ancillary work etc., not be used

Affixing

tags

Appeal

from inspector’s order

Ministerial

action re carbon storage site

Enforcement

officers

Warrants

re offences

Production

orders

Seizure

and forfeiture

Arrest

without warrant

Use

of force

Obstruction

of enforcement officer

Offences

Regulations,

Part VI

PART VII

CARBON STORAGE STEWARDSHIP FUND

Definition

Fund

Authorized

charges

Regulations

PART VIII

GENERAL

Forms

Regulations,

general

Regulations,

transitional matters

personal liability

Proceedings

barred

PART IX

RELATED AMENDMENTS, COMMENCEMENT AND

SHORT TITLE

Oil,

Gas and Salt Resources Act

Commencement

Short

title

Part

Interpretation, Purpose and Prohibitions

Interpretation

(1) In this Act,

“ancillary

work” has the meaning set out in subsection (2); (“ ouvrage accessoire ”)

“authorization”

means a research and evaluation licence, a storage licence, a research and

evaluation permit or a storage permit that is issued under this Act; (“ autorisation ”)

“authorization

holder” means the holder of an authorization; (“ titulaire

d’autorisation ”)

“carbon

storage” means the permanent storage of carbon dioxide in a storage repository;

(“ stockage

de carbone ”)

“carbon

storage activities” means the activities set out in subsection 3 (2); (“activités

de stockage de carbone”)

“carbon

storage site” means any number of wells or storage repositories or wells and

storage repositories, as well as ancillary works, if any, collectively used for

research and evaluation activities or carbon storage activities ; (“ site de

stockage de carbone ”)

“Crown”

means the Crown in right of Ontario; (“Couronne”)

“Minister”

means the Minister of Natural Resources or such other member of the Executive

Council to whom responsibility for the administration of this Act is assigned

under the Executive Council Act ; (“ministre”)

“permit

holder” means the holder of a research and evaluation permit or a storage

permit that is issued under this Act; (“ titulaire de permis ”)

“pore

space” means space consisting of,

(

a) pores

that are found in a storage repository and that are or have been occupied by

formation water, hydrocarbons or any other mineral, and

(

b) any

other cavity or void in a storage repository, whether naturally or artificially

created; (“ espace

poral ”)

“public

pore space” means,

(

a) pore

space underlying any land owned or controlled by the Crown, regardless of

whether the lands are subject to a lease, easement or other grant of a less

estate in the land or to a licence, and

(

b) pore

space the rights to which have been taken by and vested in the Crown by a

regulation made under subsection 8 (1); (“ espace poral public ”)

“regulations”

means the regulations made under this Act; (“r èglements ”)

“research

and evaluation activities” means the activities set out in subsection 3 (1); (“ activités de

recherche et d’évaluation ”)

“storage

repository” means an underground geological area; (“ dépôt ”)

“Tribunal”

means the Ontario Land Tribunal; (“ Tribunal ”)

“well”

means a hole in the ground, whether completely drilled or in the process of

being drilled. (“ puits ”)

Meaning

of “ancillary work”

(2) For

the purposes of this Act and subject to the regulations, an ancillary work is

any structure, including a pipeline, or equipment that is used in association

with a well, but does not include a structure or equipment if the structure or

equipment is, upon leaving the well, located beyond the emergency shutdown

valves or, in the absence of emergency shutdown valves, beyond the first

isolation valve, unless the structure or equipment is being used in association

with the construction, including completion or deepening, maintenance or

decommissioning of a well or storage repository.

Interpretation,

contravention

(3) A

reference in this Act to contravening or to a contravention of something, such

as a provision of this Act or the regulations or an order or authorization

issued under this Act, includes, respectively, failing or a failure to comply

with it.

Interpretation,

authorization holder “deemed incapable of acting”

(4) A

reference in this Act to an authorization holder being deemed incapable of

acting is a reference to the authorization holder being in any of the following

circumstances:

1. The

authorization holder having made an assignment in bankruptcy or having

commenced or being the subject of a proceeding under the Bankruptcy

and Insolvency Act (Canada) or the Companies’

Creditors Arrangement Act (Canada).

2. The

authorization holder being a corporation that has been wound up under the Business Corporations Act or dissolved.

3. The

authorization holder being an individual who is deceased.

4. Any

other circumstances prescribed by the regulations made by the Minister.

Purpose

2 The purpose of this Act is to enable the safe,

responsible and permanent storage of carbon dioxide in a manner that protects

public safety and the environment and minimizes potential adverse impacts on

other land and resource uses.

Regulated

activities

Research

and evaluation activities

(1) For the purposes of this Act,

the following are research and evaluation activities:

1. Constructing,

including completing or deepening, or using a well or performing any other

activity on or in a well for the purposes of,

i. exploring

for storage repositories capable of being used for carbon storage,

ii. obtaining

information on storage repositories in relation to their potential use or

viability for carbon storage,

iii. injecting

carbon dioxide or other substances into a storage repository to,

A. evaluate

or test the viability of the storage repository for carbon storage, or

B. conduct

research in relation to a carbon storage technology or demonstrate its use, or

iv. performing

monitoring, measurement or verification activities in relation to any

activities contemplated by this subsection.

2. Constructing,

installing or using an ancillary work in order to perform any activities

contemplated by this subsection.

3. Conducting

exploration activities to assess the viability of a storage repository for

carbon storage or to gather information needed to inform the design or

operation of a proposed carbon storage site.

4. Maintaining

or decommissioning a well drilled for any activities contemplated by this

subsection or a well, storage repository or ancillary work used for any

activities contemplated by this subsection.

5. Performing

any other activities that relate to exploring for or assessing the viability of

storage repositories for carbon storage or conducting research in relation to

or demonstrating the use of carbon storage technologies and that are prescribed

by the regulations made by the Minister.

Carbon

storage activities

(2) For

the purposes of this Act, the following are carbon storage activities:

1. Constructing,

including completing or deepening, or using a well or performing any other

activity on or in a well for the purposes of,

i. injecting

carbon dioxide or other substances into a storage repository for the purposes

of carbon storage, or

ii. performing

monitoring, measurement or verification activities in relation to any

activities contemplated by this subsection.

2. Constructing,

installing or using an ancillary work in order to perform any activities

contemplated by this subsection.

3. Maintaining

or decommissioning a well drilled for any activities contemplated by this

subsection or a well, storage repository or ancillary work used for any

activities contemplated by this subsection.

4. Remediating

or restoring land used for a carbon storage site.

5. Performing

any other activities that involve or relate to the use of wells, storage

repositories or ancillary works for purposes related to carbon storage and that

are prescribed by the regulations made by the Minister.

Prohibition

(1) Subject to subsection (3), it is

prohibited for any person to perform any research and evaluation activities or

any carbon storage activities unless,

(

a) the

research and evaluation activities or carbon storage activities,

(

i) are

performed in an area of the province that is prescribed by the regulations as

an area in which carbon storage sites may be located, and

(ii) if

the regulations specify types of storage repositories whose use is permitted

for that area of the province, relate to the use of a type of permitted storage

repository; and

(

b) the

activities are performed,

(

i) in

the case of research and evaluation activities, under the authority of a

research and evaluation permit or a storage permit, or

(ii) in

the case of carbon storage activities, under the authority of a storage permit.

Further

prohibitions

(2) Despite

subsection (1), the regulations made by the Minister may prohibit specific

research and evaluation activities or carbon storage activities from being

performed in all or parts of the province, even in the circumstances set out in

that subsection.

Non-application

(3) Subsection

(1) does not apply with respect to,

(

a) the

injection of carbon dioxide underground as part of a project to enhance oil or

gas recovery undertaken in accordance with the Oil, Gas

and Salt Resources Act ;

(

b) any

specific research and evaluation activities or carbon storage activities that

are prescribed by the regulations made by the Minister; or

(

c) the

performance of any research and evaluation activities or carbon storage

activities in the circumstances prescribed by the regulations made by the

Minister.

Other

methods

(4) For

greater certainty, nothing in this Act prohibits or otherwise applies to the

use of other methods of storing carbon dioxide that do not involve the use of

wells to inject and permanently store carbon dioxide within a storage

repository.

Regulations,

Part I

Lieutenant

Governor in Council

(1) The Lieutenant Governor in

Council may make regulations,

(

a) providing

that any structure, including a pipeline, or equipment is not an ancillary work

for the purposes of this Act or is not an ancillary work for the purposes of

this Act in specified circumstances or if specified conditions are met;

(

b) prescribing,

for the purposes of clause 4 (1) (a), areas of the province in which carbon

storage sites may be located and the types of storage repositories whose use is

permitted in those areas.

Minister

(2) The

Minister may make regulations respecting anything referred to in this Part as

being prescribed or otherwise done by regulations made by the Minister.

Part II

Ownership of and Rights to Pore Space

Definition

6 In this Part,

“surface

rights” means every right in land other than the rights to ores, mines and

minerals on, in or under land.

Ownership

of pore space

7 Rights to the pore space underlying the

surface of real property form part of the surface rights estate, unless those

rights have been reserved or separately granted or conveyed to another person.

Taking

of rights by the Crown

(1) Subject to subsection

(3), the Lieutenant Governor in Council may make regulations identifying lands

and, if the Lieutenant Governor in Council makes such a regulation, rights to

pore space underlying the identified lands are taken by the Crown, without the

consent of any persons who own those rights, and those rights vest in the

Crown.

Scope

of rights

(2) The

rights to pore space vested in the Crown by regulation made under subsection

(1) include the exclusive right of the Crown, a right which the Crown may

authorize others to exercise, to perform research and evaluation activities and

carbon storage activities in relation to storage repositories containing the

pore space underlying lands identified in the regulation for the purposes of

carbon storage.

Limitations

(3) The

Lieutenant Governor in Council may only make a regulation for the purposes of

subsection (1) if,

(

a) the

Lieutenant Governor in Council considers it in the public interest to do so;

and

(

b) the

rights that would be taken by and vested in the Crown by the regulation are in

relation to pore space that underlies lands that are both owned or controlled

by the Crown and privately owned.

Revocation

of regulation

(4) If

a regulation made under subsection (1) is revoked or if it is amended such that

lands previously identified in the regulation are no longer identified in the

regulation, the rights to the pore space underlying the lands identified in the

revoked regulation or previously identified in the regulation, as the case may

be, vest in the current owner of the surface rights from which the rights to

the pore space were taken, unless the rights have been exercised to perform

carbon storage activities.

right of entry onto surface

(5) For

greater certainty, a regulation under subsection (1) does not confer any right

of entry onto the surface of land identified in the regulation.

Crown

authorization

(1) Subject

to subsection (2), the Minister may issue an authorization in accordance with

this Act that provides the holder the exclusive right to exercise rights to

pore space conferred by a regulation made under subsection 8 (1) for the

purposes of carbon storage, including the performance of research and

evaluation activities or carbon storage activities.

Limitation

(2) The

Minister shall only issue a storage permit that provides the holder the

exclusive right to exercise rights to pore space for the purposes of performing

carbon storage activities if the Minister is satisfied that issuing the permit

would result in,

(

a) the

minimum amount of carbon dioxide prescribed by the regulations being stored;

and

(

b) the

carbon dioxide produced by the minimum number of industrial emitters prescribed

by the regulations being stored.

Regulations

governing compensation

(3) The

Lieutenant Governor in Council may make regulations governing compensation to

be paid by authorization holders to whom rights have been provided under

subsection (1) to owners of rights to pore space whose rights have been taken

by and vested in the Crown, including regulations,

(

a) setting

out the amount of any compensation or a manner of determining the amount of any

compensation;

(

b) setting

out the manner in which the compensation must be paid and the times at which it

must be paid;

(

c) requiring

confirmation that payment has been made.

Entitlements

re compensation

(4) The

owner of rights to pore space that have been taken by and vested in the Crown

by a regulation made under subsection 8 (1) is not entitled to any compensation

except that compensation, if any, required by a regulation made under

subsection (3) of this section.

Regulations,

minimums

(5) The

Lieutenant Governor in Council may make regulations prescribing the minimum

amount of carbon dioxide and the minimum number of industrial emitters for the

purposes of clauses (2) (

a) and (

b) respectively.

expropriation

10 Nothing referred to in

this

Part constitutes an expropriation or injurious affection for the purposes

of the Expropriations Act or otherwise at law and

no compensation is payable except in accordance with a regulation made under

subsection 9 (3).

Part III

Authorizations

Licences

for use of Crown lands and public pore space

Research

and evaluation licences

(1) A

research and evaluation licence confers on its holder the rights to, within

areas specified in the licence, use public pore space and lands owned or

controlled by the Crown for the purposes of performing research and evaluation

activities.

Storage

licences

(2) A

storage licence confers on its holder the rights to, within areas specified in

the licence, use public pore space and lands owned or controlled by the Crown

for the purposes of performing carbon storage activities.

Issuance

(3) Subject

to subsection (4) and to any restrictions set out in the regulations, the

Minister may issue a research and evaluation licence or a storage licence to a

person who applies for one in accordance with the regulations made by the

Minister and who meets any requirements set out in the regulations made by the

Minister.

Restriction,

excluded public pore space

(4) The

Minister may not issue a research and evaluation licence or a storage licence

in respect of public pore space that is excluded public pore space under the

regulations.

Terms

and conditions

(5) The

Minister may impose on a research and evaluation licence or a storage licence

Other

licences, etc.

(6) Except

as otherwise provided by the regulations made by the Minister, the Minister may

issue a research and evaluation licence or a storage licence in respect of

public pore space underlying lands that are already subject to a lease, licence

or other instrument issued under any Act, including public pore space

underlying lands on which a mining claim has been registered under the Mining Act or that is subject to a lease, licence or

other instrument issued under that Act.

Permits

(1) Subject

to subsection (3) and

section 14 and to any additional restrictions set out in

the regulations, the Minister may issue a research and evaluation permit or a

storage permit to a person if,

(

a) the

person has applied for the permit in accordance with the regulations made by

the Minister and the Minister has found the application to be a complete

application for the purposes of

section 16;

(

b) the

person has fulfilled any requirements to give notice or conduct consultation

activities that are set out in the regulations made by the Minister; and

(

c) in

the case of a storage permit, the Minister has received written confirmation of

municipal endorsement of the proposed project, as required by and in accordance

with the regulations made by the Minister.

Permit

equivalent to licence

(2) The

Minister may issue a research and evaluation licence as part of a research and

evaluation permit or a research and evaluation licence or storage licence, or

both, as part of a storage permit if the person to whom the research and

evaluation permit or the storage permit, as the case may be, is to be issued

does not already hold the licence in question.

Issuance

of permits

(3) The

Minister shall only issue a research and evaluation permit or a storage permit

if the Minister is satisfied that,

(

a) the

activities for which the permit is sought will be carried out in a manner that

protects public safety and the environment;

(

b) the

activities for which the permit is sought would be permitted under this Act if

the permit were issued;

(

c) the

applicant has obtained the rights to the use of land and to pore space

necessary for the activities for which the permit is sought;

(

d) the

potential impacts on agricultural operations and systems, drinking water

sources and current or planned surface and subsurface uses and activities,

including mining and mineral development, oil and gas activities and

underground geologic storage, have been identified and assessed and suitable

measures to mitigate the identified impacts exist and will be implemented;

(

e) adequate

consultation with Indigenous communities has been carried out, if the

activities for which the permit is sought have the potential to adversely

affect established or credibly asserted Aboriginal or treaty rights; and

(

f) any

additional requirements for the issuance of the permit that are set out in the

regulations made by the Minister have been met.

Permitted

activities

(4) The

Minister shall specify in a research and evaluation permit or a storage permit

the specific activities authorized by the permit and the specific area in which

those activities may be performed.

Terms

and conditions

(5) The

Minister may impose on the research and evaluation permit or storage permit the

Amendments

to authorizations

(6) Subject

to any restrictions set out in the regulations, the Minister may amend an

authorization, including by amending or removing any of its terms or conditions

or adding any terms or conditions, at the Minister’s own discretion or on the

application of the authorization holder.

Regulations

re amendments

(7) Any

application to the Minister for an amendment to an authorization shall be made

in accordance with the regulations made by the Minister.

Unitization

orders

Definitions

(1) In this

section,

“landowner”

means a person who owns rights to pore space within a unit area that is the

subject of an application for a unitization order; (“ propriétaire foncier ”)

“unitization

order” means an order under subsection (2). (“ ordonnance

d’exploitation concertée ”)

Unitization

order

(2) On

the application of a person who has applied for or who intends to apply for a

storage permit under this Act, the Tribunal may order that,

(

a) the

rights to pore space within a unit area be joined for the purpose of a carbon

storage site;

(

b) management

of the construction, development, use, decommissioning and oversight of the

carbon storage site and the remediation and restoration of associated lands be

carried out by the person, persons or class of persons named or described in

the order;

(

c) the

costs and benefits of operation within the unit area be apportioned in the

manner specified in the order; and

(

d) any

additional things provided for in the regulations be done.

Issuance

of orders

(3) The

Tribunal shall not issue a unitization order unless the Tribunal is satisfied

that ,

(

a) unitization

would facilitate the optimal use of storage repositories in Ontario;

(

b) the

person or persons requesting the order have made a good-faith effort to obtain

the consent of all landowners to convey their rights to the pore space ;

(

c) the

person or persons requesting the order have obtained consent from landowners

whose ownership interest represents the majority, as determined in accordance

with the regulations, of the rights to the unit area’s pore space;

(

d) landowners

who have not consented have been or will be equitably compensated; and

(

e) any

other circumstances prescribed by the regulations exist.

Terms

and conditions

(4) The

Tribunal considers appropriate.

Amendments

(5) A

person to whom a unitization order is issued or a landowner who is affected by

the issuance of a unitization order may apply to the Tribunal to have the order

amended, but the Tribunal shall not issue an amended order unless the Tribunal

is satisfied that the circumstances set out in subsection (3) exist with

respect to the amended order.

Same

(6) The

Tribunal may deny the amendment or may grant the amendment and may impose any

Regulations

(7) The

Lieutenant Governor in Council may make regulations governing unitization

orders, including regulations,

(

a) respecting

anything referred to in this

section as being done by regulation;

(

b) governing

applications for unitization orders and setting out requirements that must be

met for a unitization order to be issued;

(

c) prescribing

the information that a unitization order must contain;

(

d) governing

when unitization orders take effect, including specifying conditions that must

be met before a unitization order takes effect;

(

e) governing

the amendment, transfer or revocation of unitization orders, including setting

out substantive or procedural requirements;

(

f) providing

for the expiry of unitization orders, including in cases where a unitization

order is not utilized after being issued;

(

g) requiring

that unitization orders be registered on title to the lands affected by the

orders.

Referral

to Ontario Energy Board

Definitions

(1) In this

section and in

section 15,

“Board”

means the Ontario Energy Board; (“Commission”)

“gas

storage area” means an area designated as a gas storage area by the Board under

section 36.1 of the Ontario Energy Board Act, 1998 .

(“secteur de stockage de gaz”)

Applications

requiring Board input

(2) For

the purposes of this section, an application for a research and

evaluation permit or a storage permit or to amend a research and evaluation

permit or a storage permit requires the input of the Board in any of the

following circumstances:

1. The

activities for which the permit or an amendment to the permit is sought, as the

case may be, involve, within a gas storage area, the construction, use,

maintenance or decommissioning of a well or the performance of any other

activity on or in a well.

2. The

activities for which the permit or an amendment to the permit is sought, as the

case may be, involve, within a distance of 1.6 kilometres from a gas storage

area, the use of a well to inject carbon dioxide or other substances for the

purposes of carbon storage.

3. The

Minister is of the opinion that the activities for which the permit or an

amendment to the permit is sought, as the case may be, may affect operations

within a gas storage area.

4. Any

additional circumstances prescribed by the regulations made by the Minister.

Exception

(3) The

regulations made by the Minister may provide for circumstances in which,

despite the existence of the circumstances set out in paragraph 2 of subsection

(2), an application does not require the input of the Board.

Same

(4) For

greater certainty, the regulations referred to in subsection (3) may not exempt

the Minister from the obligation to refer an application to the Board under

section 40 of the Ontario Energy Board Act, 1998 .

Mandatory

referral

(5) The

Minister shall refer an application for a permit or to amend a permit that

requires the Board’s input to the Board as soon as possible after having

identified the circumstances under subsection (2) requiring the Board’s input

but not before having found the application to be a complete application for

the purposes of

section 16.

Discretionary

referral

(6) The

Minister may refer other applications relating to a research and evaluation

permit or a storage permit to the Board if the Minister is of the opinion that

the activities for which the permit is sought may affect operations within a

gas storage area.

Report

(7) The

Board shall review the application and provide a report to the Minister on the

potential impacts that approving the application could have on the operation of

a gas storage area.

Hearing

(8) The

Board may hold a hearing before providing its report under subsection (7) and,

if it decides to do so, the Minister and the applicant are entitled to be heard

at the hearing.

Minister

to follow report

(9) If

the Board’s report does not recommend that the application be refused, the

Minister may grant the application, in whole or in part, provided that the

Minister follows any recommendations of the Board set out in its report, such

they do not conflict with anything in the Board’s report.

Same

(10) If

the Board’s report recommends that the application be refused, the Minister

shall refuse the application.

Referral

to Tribunal

(1) Subject

to subsection (2), the Minister may refer an application for a permit or an

application for an amendment to a permit that would allow for the expansion of

a carbon storage site to the Tribunal for the Tribunal’s direction on the

application or a specific aspect of the application if, after any notification

and consultation procedures required by the regulations have been completed,

parties identified in the Minister’s referral have expressed concerns that, in

the opinion of the Minister, remain unresolved.

Limitation

(2) An

application may only be referred to the Tribunal under subsection (1) if the

Minister has determined that the application does not need to be referred to

the Board under subsection 14 (5) or, if the application does need to be

referred to the Board, once the Board has completed its review and provided its

report to the Minister.

Hearing

(3) The

Tribunal may hold a hearing on the matter referred to it and, if it decides to

do so, the Minister, the applicant and any parties identified in the Minister’s

referral as having expressed concerns that remain unresolved are entitled to be

heard at the hearing.

Order

(4) The

Tribunal may, whether or not it has decided to hold a hearing, issue an order

directing the Minister to,

(

a) in

the case of an application for a permit, issue the permit, including with any

terms or conditions the Tribunal considers appropriate, or refuse to issue the

permit; or

(

b) in

the case of an application to amend a permit, amend the permit and impose any

terms or conditions on the permit as the Tribunal considers appropriate or

refuse to amend the permit.

Terms

and conditions

(5) The

amended permit as long as they do not conflict with any directions in the

Tribunal’s order.

Referral

back to Minister

(6) The

Tribunal may, before it has issued an order, refer the matter back to the

Minister to allow the Minister to make a decision on the application if the

parties identified in the Minister’s referral as having expressed concerns have

withdrawn their concerns.

Completeness

of applications

(1) An

application for an authorization is a complete application for the purposes of

this

section if the applicant has,

(

a) complied

with all the requirements of this Act and the regulations that apply to the

application, including having provided all required information; and

(

b) provided

any additional information that, in the Minister’s opinion, is necessary for

the Minister to be able to fully consider the application.

Same

(2) The

Minister is not required to consider an application for an authorization if the

Minister determines that it does not constitute a complete application.

Additional

information

(3) Despite

an application having been found by the Minister to constitute a complete

application, the Minister may request additional information, documents or

clarifications from an applicant in regard to any matters respecting the

application, and the applicant shall promptly comply with the Minister’s

request.

Notice

(4) If

the Minister determines that an application for an authorization does not

constitute a complete application, the Minister shall, in writing, inform the

applicant of the decision along with the reasons for the decision.

Deemed

withdrawal

(5) The

Minister may deem an application that does not constitute a complete

application to have been withdrawn if,

(

a) the

Minister has informed an applicant under subsection (4) that the application

does not constitute a complete application; and

(

b) the

Minister is of the opinion that there has been no meaningful progress on the

part of the applicant to address the application’s deficiencies.

Notice

of deemed withdrawal

(6) If

the Minister deems an application to have been withdrawn under subsection (5),

the Minister shall, in writing, notify the applicant of the deemed withdrawal

and the reasons for it.

Authorizations,

period of validity

(1) Subject

to subsection (2), an authorization is valid for the period of time set out in

or determined in accordance with the regulations made by the Minister.

Changes

to the period of validity

(2) Subject

to any restrictions set out in the regulations, the Minister may, by providing

written notice to the authorization holder, abridge or extend the period of

validity of an authorization.

Terms

or conditions

(3) When

abridging or extending the period of validity of an authorization, the Minister

abridgement or extension.

Transfers

(1) An

authorization may not be transferred except in accordance with this

section or

subsection 19 (2).

Transfer

on consent

(2) An

authorization may be transferred if the Minister consents in writing to the

transfer and any requirements prescribed by the regulations made by the

Minister have been met.

Conditional

consent

(3) The

Minister may make the consent conditional by specifying in writing the

conditions that must be met before the consent is valid.

Revocation

(1) The

Minister may, in accordance with the regulations made by the Minister, if any,

revoke an authorization if,

(

a) the

authorization holder has contravened this Act, the regulations or an order or

authorization issued under this Act; or

(

b) the

holder of the authorization is deemed to be incapable of acting within the

meaning of subsection 1 (4).

Transfer

order

(2) The

Minister may, in the circumstances referred to in clause (1) (b), order the

transfer of the authorization to a specified person instead of revoking the

authorization, subject to the regulations made by the Minister, if any.

Suspensions

(1) The

Minister may suspend an authorization by giving written notice to the

authorization holder if the authorization holder has contravened this Act, the

regulations or an order or authorization issued under this Act and shall do so

in accordance with the regulations made by the Minister, if any.

Effective

immediately

(2) A

suspension is effective immediately once the authorization holder has received

the notice and is not stayed by a request for a review by the Tribunal or the

commencement of an appeal before the Tribunal.

Remedial

action

(3) The

Minister shall set out in the notice under subsection (1) specific actions that

the authorization holder is required to take or desist from taking and the time

period within which the authorization holder must do so.

Lifting

of suspension

(4) If

the authorization holder demonstrates compliance with the requirements of the

notice to the satisfaction of the Minister, the Minister shall lift the

suspension by providing the authorization holder with written notice that the

suspension has been lifted.

Revocation

(5) The

Minister may revoke an authorization that has been suspended if,

(

a) the

authorization holder has failed to comply with the requirements of the notice

to the satisfaction of the Minister within the time period specified in the

notice; and

(

b) the

time period for requesting that the Tribunal review the suspension under clause

31 (1) (

a) or for commencing an appeal of the suspension before the Tribunal

under clause 31 (1) (b), as applicable, has expired and no review or appeal has

been requested or commenced or, following a hearing in a review or appeal, the

suspension remains in place.

Effect

of suspension

(6) If

the authorization is a permit, the permit holder shall not, during the

suspension, perform any research and evaluation activities or carbon storage

activities authorized by the permit except as necessary to comply with the

requirements of the notice under subsection (1).

Contents

of notice

(7) The

notice under subsection (1) shall set out the following:

1. The

reasons for the suspension.

2. The

specific actions that the authorization holder is required to take or desist

from taking.

3. A

statement informing the authorization holder of the authorization holder’s

rights under subsection 31 (1).

4. A

statement that the suspension will be lifted once the authorization holder has

complied with the notice to the satisfaction of the Minister and that, if the

authorization holder does not comply with the notice within the time period

specified, the Minister may revoke the authorization, subject to the

authorization holder requesting a review or commencing an appeal.

5. Any

additional information prescribed by the regulations made by the Minister.

Regulations,

Part III

Lieutenant

Governor in Council

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

restrictions for the purposes of any of subsections 11 (3), 12 (1) and (6) and

17 (2);

(

b) prescribing

public pore space that is excluded public pore space for the purposes of

subsection 11 (4).

Minister

(2) The

Minister may make regulations,

(

a) respecting

anything referred to in this Part as being prescribed or otherwise done by

regulations made by the Minister;

(

b) prescribing

that apply to them;

(

c) governing

applications in respect of authorizations, including setting out both

substantive and procedural requirements for the issuance of authorizations;

(

d) governing

the Minister’s determination of whether an application is a complete

application for the purposes of

section 16 and the deeming of applications as

having been withdrawn under that section, including specifying when there has

been no meaningful progress for the purposes of clause 16 (5) (b);

(

e) governing

the period of validity and renewal of authorizations, including setting out

both substantive and procedural requirements for the renewal of authorizations,

requiring the payment of fees for renewal applications and determining when

applications for renewal must be received;

(

f) governing

the transfer, suspension, revocation and surrender of authorizations;

(

g) governing

the rights and obligations of former holders of expired, suspended or revoked

authorizations.

Part iv

Obligations and Operation and Closure of Carbon Storage Sites

General

obligations

22 Any person performing

activities contemplated by this Act shall,

(

a) take

every precaution reasonable in the circumstances to,

(

i) ensure

that the person’s employees, agents, contractors and subcontractors comply with

this Act and the regulations and any order or authorization issued under this

Act, and

(ii) eliminate

or mitigate hazards and prevent potential hazards to the public or the

environment stemming from activities carried out, as authorized or required by

this Act or the regulations, or any order or authorization issued under this

Act; and

(

b) perform

any activities authorized or required by this Act or the regulations or any

order or authorization issued under this Act in a manner that protects public

safety and the environment.

Tribunal

conferral of rights over lands re carbon storage sites

Definition

(1) In this

section,

“land”

includes any right or interest in the land.

Order

of Tribunal

(2) On

application by a permit holder, the Tribunal may, by order, confer on the

permit holder the right to enter onto and use any lands in order to do any of

the following in connection with the proper working of a carbon storage site:

1. Perform

any monitoring, measurement or verification activities that are required under

this Act, the regulations or an order or authorization issued under this Act.

2. Gather

information, take measurements or perform assessments, including conducting or

preparing surveys of land.

3. Prevent

or mitigate a hazard to public safety or the environment.

Patented

or unpatented land

(3) An

order may be made in respect of any patented lands and unpatented lands.

Limitation

(4) An

order may not confer the right to drill a well for the purposes of performing

any of the activities referred to in subsection (2).

Compensation

(5) Rights

shall not be conferred by the Tribunal under subsection (2) unless,

(

a) any

injury or damage that would be caused by the exercise of those rights can be

adequately compensated; and

(

b) the

Tribunal is of the opinion that, in light of all the circumstances, it is

reasonable to confer the right.

Same

(6) Any

person who has sustained injury or damage to the person’s land, rights or

interests due to the conferral of a right under subsection (2) or the exercise

of that right shall be compensated in accordance with the order conferring that

right, but the permit holder exercising the right shall take reasonable steps

not to cause any unnecessary injury or damage to the person’s land, property,

rights or interests.

Contents

of order

(7) An

order under subsection (2) shall fix the compensation to which a person is

entitled under subsection (6) or set out a manner for determining that

compensation and shall include the time period within which the compensation

must be paid.

Same

(8) The

Tribunal may include in an order under subsection (2) any provisions that the

Tribunal considers appropriate for securing the compensation to which a person

is entitled under subsection (6) and for protecting the rights and interests of

any person whose land, property, rights or interests may be affected by the

conferral of a right under subsection (2) or the exercise of that right,

including provisions requiring the applicant to make grants or concessions or

to construct works or do anything for the person or the person’s land or

property or for the benefit of the person or the person’s land or property.

Terms

and conditions

(9) The

Tribunal may include in an order under subsection (2) any other terms and

conditions that the Tribunal considers appropriate and may provide that the

right only be conferred for a specified time period.

Content

of application

(10) An

application for an order under subsection (2) shall include,

(

a) a

clear statement of,

(

i) the

right or rights being applied for,

(ii) the

land or property affected by the conferral or exercise of that right or those

rights, and

(iii) to

the extent that they can be ascertained, the owner or owners of that land or

property;

(

b) a

map or plan of the locality showing the land, including land covered by water, at

issue;

(

c) detailed

plans and specifications of the works or things proposed to be constructed or

done; and

(

d) any

additional information or documents prescribed by the regulations.

Additional

information or documents

(11) The

Tribunal may require that an application include additional information or

documents.

Order

re preparation of materials

(12) For

the purposes of preparing any information or documents required for an

application, the Tribunal may, by order, authorize the applicant and any person

employed or retained by the applicant to enter onto the land of any other

person and perform such examinations and take such measurements as may be

necessary.

Application

materials

(13) Any

information or documents included in an application may, with the approval of

the Tribunal, be amended at any stage of the proceedings.

Notice

and service

(14) The

Tribunal may, by order, require the applicant to give notice of the application

to interested parties identified by the Tribunal and may specify in the order

the contents of the notice and the time period and manner in which the

applicant must serve the notice on the interested parties.

Notice

to Minister

(15) The

applicant shall provide a copy of the application to the Minister no later than

10 days after submitting the application to the Tribunal.

Tribunal

may change order

(16) The

Tribunal may, by subsequent order, supplement, vary or rescind a previous order

under subsection (2).

Descriptions

(17) An

order under subsection (2) shall contain the legal descriptions of the lands

affected by the order, and a plan or plans that clearly show the lands affected

by the order shall be attached to the order.

Rights

not to be exercised until after expiration of time for appeal

(18) A

person on whom a right is conferred under this

section may only enter on land

and exercise the right once the time period for appealing the order conferring

the right has expired or, if an appeal is commenced, once the appeal is

disposed of, subject to any further restriction on the exercise of the right

set out in the order.

Obstruction

(19) No

person shall obstruct a person who is exercising a right granted under this

section or wilfully contravene an order under this section.

Orders

to cease carbon injection

(1) The

Minister may order a permit holder to temporarily or permanently cease

injecting carbon dioxide into a storage repository beginning on the effective

date specified in the order if the Minister has reasonable grounds to believe

that,

(

a) carbon

dioxide is no longer being contained, or is at risk of ceasing to be contained,

within the area of the storage repository identified in the permit holder’s

permit;

(

b) the

permit holder has contravened, is contravening or will contravene this Act, the

regulations or an order or permit issued under this Act;

(

c) a

well, storage repository or ancillary work that forms part of the carbon

storage site constitutes or is about to become a hazard to the public or the

environment or is or is about to be used in a manner that constitutes a hazard

to the public or the environment;

(

d) no

carbon dioxide has been injected into the storage repository for the time

period prescribed by the regulations made by the Minister; or

(

e) any

other circumstances prescribed by the regulations made by the Minister exist.

Contents

of order

(2) An

order under subsection (1) shall,

(

a) specify

the reasons for which the order was issued and a description of the grounds on

which the Minister relied in making the order;

(

b) indicate

the effective date of the order; and

(

c) include

any additional information prescribed by the regulations made by the Minister.

Closure

order

(3) The

Minister may, while an order issued under subsection (1) is still in effect,

order the permit holder to close any carbon storage site as of the date

specified in the order if,

(

a) remedial

work to remedy the issue that led to the issuance of the order or to prevent

the circumstances that led to the issuance of the order from recurring, or to

do both, has not been carried out within the time period specified in the

order;

(

b) despite

remedial work referred to in clause (

a) having been carried out, it has not

adequately addressed the issue that led to the issuance of the order or will

not adequately prevent the circumstances that led to the issuance of the order

from recurring; or

(

c) as

of the effective date, no carbon dioxide had been injected into the storage

repository for, at a minimum, the time period prescribed by the regulations

made by the Minister.

Combined

order

(4) A

single order issued under subsections (1) and (3) may both require carbon

dioxide to permanently cease to be injected into a storage repository and the

closure of the carbon storage site as of a specified date, provided that,

(

a) the

order is being issued under clauses (1) (

d) and (3) (c); or

(

b) the

Minister is of the opinion that no remedial work would adequately address the

issue leading to the issuance of the order to cease injecting carbon dioxide

into the storage repository or prevent the circumstances leading to the

issuance of that order from recurring.

Terms

and conditions of closure order

(5) An

Minister considers advisable, including specific requirements regarding the

closure of the carbon storage site.

Revocation

of order

(6) The

Minister may amend or revoke an order issued under this

section at any time.

Closure

of a carbon storage site

(1) A permit

holder shall not close a carbon storage site unless the conditions prescribed

by the regulations made by the Minister have been met and the permit holder has

obtained the written approval of the Minister.

Same,

closure without approval

(2) Despite

subsection (1), a permit holder may close a carbon storage site without the

written approval of the Minister in the circumstances set out in the

regulations made by the Minister.

Closure

ordered by Minister

(3) Subsection

(1) does not apply when the Minister has ordered the closure of the carbon

storage site under subsection 24 (3).

Conditional

approval

(4) The

Minister may make the approval conditional by specifying in writing the

conditions that must be met before the approval is valid.

Closure

obligations

(5) A

permit holder who is required to close a carbon storage site or who wishes to

close a carbon storage site and is permitted to do so under this

section shall,

(

a) decommission

all wells, storage repositories and ancillary works that make up the carbon

storage site, in accordance with this Act, the regulations made by the

Minister, the permit holder’s permit and, if applicable, the conditions of the

approval or the order to close the carbon storage site;

(

b) remediate

and restore the lands used for the carbon storage site in accordance with the

regulations made by the Minister, the permit holder’s permit and, if

applicable, the conditions of the approval or the order to close the carbon

storage site;

(

c) f