Brownfields Statute Law Amendment Act, 2001 Hodgson, Hon. Chris Minister of Municipal Affairs and Housing — Bill 56 (37th Parliament, 2nd Session)

Bill 56, 37-2

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Bill 56, Brownfields Statute Law Amendment Act, 2001

Hodgson, Hon. Chris Minister of Municipal Affairs and Housing

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Debates

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 56 Royal Assent (PDF)

Bill 56 2001

An Act to encourage the revitalization

of contaminated land and to make

other amendments relating

to environmental matters

CONTENTS

Part

III

VII

VIII

Education Act Amendments

Environmental Protection Act Amendments

Municipal Act Amendments

Municipal Tax Sales Act Amendments

Ontario Water Resources Act Amendments

Pesticides Act Amendments

Planning Act Amendments

Commencement and

Short title

______________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

PART I

EDUCATION ACT AMENDMENTS

(1) Clause (

b) of the definition of

"education funding" in subsection 234 (14) of the Education Act , as

re-enacted by the Statutes of Ontario, 2000,

chapter 25,

section 45, is

repealed and the following substituted:

(

b) from taxes under Division B of this Act or

Part XXII.3 of the

Municipal Act , other than taxes for the purposes of,

(

i) paying a board's share of the costs of rebates, if any, under

section

442.1, 442.2, 442.4, 442.5 or 442.6 of the Municipal Act ,

(ii) paying a board's share of the tax assistance provided under

section

442.7 of the Municipal Act , or

(iii) paying rebates under

section 257.2.1 or 257.12.3 of this Act,

(2) Subsection 257.11 (17) of the Act, as re-enacted by

the Statutes of Ontario, 2000,

chapter 25,

section 45, is repealed and the

following substituted:

Amounts deemed to be education funding

(17) Amounts paid by the Minister under subsection (14) or

(15) shall be deemed to be education funding within the meaning of subsection

234 (14), other than amounts paid for the purposes of,

(

a) paying a board's share of the costs of rebates, if any, under

section

442.1, 442.2, 442.4, 442.5 or 442.6 of the Municipal Act ;

(

b) paying a board's share of the tax assistance provided under

section

442.7 of the Municipal Act ; or

(

c) paying rebates under

section 257.2.1 or 257.12.3 of this Act.

(3) The definition of "tax rates for school purposes"

in subsection 257.12 (1.1) of the Act, as re-enacted by the Statutes of

Ontario, 2000,

chapter 25,

section 45, is amended by adding the following

clause:

(a.1) paying a board's share of the tax assistance provided under

section

442.7 of the Municipal Act , or

. . . . .

PART II

ENVIRONMENTAL PROTECTION ACT AMENDMENTS

2. (1) Subsection 1 (1) of the

Environmental Protection Act , as amended by the Statutes of Ontario,

1992,

chapter 1,

section 22, 1998,

chapter 35,

section 1 and 2000,

chapter

26,

Schedule F,

section 12, is further amended by adding the following

definitions:

"certificate of property use" means a certificate of property use issued

under

section 168.6; ("certificat d'usage d'un bien")

"certification date" means, in respect of a record of site condition, a

date determined in accordance with the regulations that is not later than the

date the record of site condition is filed in the Environmental Site

Registry; ("date d'attestation")

"fiduciary" means an executor, administrator, administrator with the will

annexed, trustee, guardian of property or attorney for property, but does not

include a trustee in bankruptcy or trustee in bankruptcy representative;

("représentant fiduciaire")

"fiduciary representative" means, with respect to a fiduciary, an officer,

director, employee or agent of the fiduciary, or a lawyer, consultant or

other advisor of the fiduciary who is acting on behalf of the fiduciary;

("représentant d'un représentant fiduciaire")

"municipal representative" means, with respect to a municipality, an

officer, employee or agent of the municipality, or a lawyer, consultant or

other advisor of the municipality who is acting on behalf of the

municipality; ("représentant municipal")

"receiver" means a person who has been appointed to take or who has taken

possession or control of property pursuant to a mortgage, hypothec, pledge,

charge, lien, security interest, encumbrance or privilege or pursuant to an

order of a court, and includes a receiver-manager and an interim receiver;

("séquestre")

"receiver representative" means, with respect to a receiver, an officer,

director, employee or agent of the receiver, or a lawyer, consultant or other

advisor of the receiver who is acting on behalf of the receiver;

("représentant d'un séquestre")

"secured creditor" means a person who holds a mortgage, hypothec, pledge,

charge, lien, security interest, encumbrance or privilege on or against

property, but does not include a person who has taken possession or control

of the property; ("créancier garanti")

"secured creditor representative" means, with respect to a secured

creditor, an officer, director, employee or agent of the secured creditor, or

a lawyer, consultant or other advisor of the secured creditor who is acting

on behalf of the secured creditor; ("représentant d'un créancier

garanti")

"trustee in bankruptcy representative" means, with respect to a trustee in

bankruptcy, an officer, director, employee or agent of the trustee in

bankruptcy, or a lawyer, consultant or other advisor of the trustee in

bankruptcy who is acting on behalf of the trustee in bankruptcy;

("représentant d'un syndic de faillite")

(2) Section 1 of the Act, as amended by the Statutes of

Ontario, 1992,

chapter 1,

section 22, 1998,

chapter 35,

section 1, 2000,

chapter 26,

Schedule F,

section 12 and 2001,

chapter 9,

Schedule G,

section

5, is further amended by adding the following subsection:

Health or safety

(4) For the purposes of this Act, a danger to existing water

supplies that are used for human consumption shall be deemed to be a danger

to the health or safety of persons.

(3) Clause 9 (4) (

a) of the Act is amended by striking

out "and any order or approval" and substituting "and any order, approval or

certificate of property use".

(4) Section 19 of the Act is repealed and the following

substituted:

Successors and assigns

(1) A certificate of property

use or an order or approval of a court, the Minister, the Director or a

provincial officer under this Act is binding on the executor, administrator,

administrator with the will annexed, guardian of property or attorney for

property of the person to whom it was directed, and on any other successor or

assignee of the person to whom it was directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an

executor, administrator, administrator with the will annexed, guardian of

property or attorney for property, their obligation to incur costs to comply

with the order is limited to the value of the assets they hold or administer,

less their reasonable costs of holding or administering the assets.

Receivers and trustees

(3) A certificate of property use or an order or approval of a

court, the Minister, the Director or a provincial officer under this Act that

relates to property is binding on a receiver or trustee that holds or

administers the property.

Limitation

(4) If, pursuant to subsection (3), an order is binding on a

trustee, other than a trustee in bankruptcy, the trustee's obligation to

incur costs to comply with the order is limited to the value of the assets

held or administered by the trustee, less the trustee's reasonable costs of

holding or administering the assets.

Exception

(5) Subsection (3) does not apply to an order that relates to

property held or administered by a receiver or trustee in bankruptcy if,

(

a) within 10 days after taking or being appointed to take possession or

control of the property, or within 10 days after the issuance of the order,

the receiver or trustee in bankruptcy notifies the Director that they have

abandoned, disposed of or otherwise released their interest in the property;

(

b) the order was stayed under

Part I of the Bankruptcy and Insolvency

Act (Canada) and the receiver or trustee in bankruptcy notified the

Director, before the stay expired, that they abandoned, disposed of or

otherwise released their interest in the property.

Extension of period

(6) The Director may extend the 10-day period for giving notice

under clause (5) (a), before or after it expires, on such terms and

conditions as he or she considers appropriate.

Notice under subs. (5)

(7) Notice under clause (5) (

a) or (

b) must be given in the

manner prescribed by the regulations.

Holder

(8) For the purposes of this Act, a person who is bound by a

certificate of property use or approval under this

section shall be deemed to

be the holder of the certificate or approval.

Index record

(9) The Ministry shall maintain an alphabetical index record of

the names of all persons to whom orders, approvals or certificates of

property use are directed under this Act.

Expiry of order, etc.

(10) When an order, approval or certificate of property use has

expired or is revoked or set aside, the Ministry shall note that fact in the

index record.

Search of index record

(11) The Ministry shall, on the request of any person, make a

search of the index record and inform the person making the request as to

whether or not the name of a particular person appears in the index record

and shall permit inspection of any order, approval or certificate of property

use relating to that person.

(5) Clause 96 (1) (

c) of the Act is repealed and the

following substituted:

(

c) in accordance with an approval, order, certificate of property use,

requirement or direction by the Director under any other Part of this Act or

by a Director or provincial officer under any other Act administered by the

Minister, but such an approval, order, certificate of property use,

requirement or direction shall not be contrary to the regulations.

(6) The definition of "environmental measures" in

section 131 of the Act is amended by striking out "clauses 132 (1) (

a) to

(c)" and substituting "clauses 132 (1) (

a) to (

c) or 132 (1.1) (

a) to

(c)".

(7) The definition of "financial assurance" in

section

131 of the Act, as amended by the Statutes of Ontario, 1997,

chapter 19,

section 34, is repealed and the following substituted:

"financial assurance" means one or more of,

(

a) cash, in the amount specified in the approval, order or certificate of

property use,

(

b) a letter of credit from a bank, in the amount and terms specified in

the approval, order or certificate of property use,

(

c) negotiable securities issued or guaranteed by the Government of

order or certificate of property use,

(

d) a personal bond accompanied by collateral security, each in the form,

terms and amount specified in the approval, order or certificate of property

use,

(

e) the bond of an insurer licensed under the Insurance Act to

write surety and fidelity insurance in the form, terms and amount specified

in the approval, order or certificate of property use,

(

f) a bond of a guarantor, other than an insurer referred to in clause

(e), accompanied by collateral security, each in the form, terms and amount

specified in the approval, order or certificate of property use,

(

g) an agreement, in the form and terms specified in the approval, order

or certificate of property use, and

(

h) an agreement, in the form and terms prescribed by the regulations;

("garantie financière")

(8) Section 132 of the Act is amended by adding the

following subsection:

Financial assurance for

certificate of property use

(1.1) The Director may include in a certificate of property use

a requirement that the person to whom the certificate is issued provide

financial assurance to the Crown in right of Ontario for any one or more

of,

(

a) the performance of any action specifie

Document details

Collection	Ontario — Bills
Citation	Bill 56, 37-2
Type	bill
Volume / chapter	p37 s2 bill 56 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	62480655cda98023882ef193a7564dedcdcfc7d3

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