Environmental Statute Law Amendment Act, 1998 Sterling, Hon. Norman W. Minister of the Environment — Bill 82 (36th Parliament, 2nd Session)

Bill 82, 36-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 82, Environmental Statute Law Amendment Act, 1998

Sterling, Hon. Norman W. Minister of the Environment

Please select

View bill

Status

Original

[36] Bill 82 Original (PDF)

B082_E

Bill 82 1998

An Act to strengthen environmental protection and enforcement

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

Assembly of the Province of Ontario, enacts as follows:

PART I

ENVIRONMENTAL PROTECTION ACT

1. Subsection 1 (1) of the Environmental Protection Act ,

as amended by the Statutes of Ontario, 1992,

chapter 1,

section 22, is

further amended by adding the following definition:

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

Section 5 of the Act is amended by adding the following

subsections:

Provincial officers

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

this Act.

Investigation and prosecution

(5) A provincial officer may investigate offences under this Act and may

prosecute any person whom the provincial officer reasonably believes is

guilty of an offence under this Act.

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 Subsection 22 (3) of the Act is repealed and the following

substituted:

Repair or replacement of system or device

(3) Where a manufacturer installs on, attaches to or incorporates in any

motor or motor vehicle, a system or device to prevent or lessen the discharge

of any contaminant, no person shall remove or cause or permit the removal of

the system or device from the motor or motor vehicle, except as permitted by

subsection (4).

Same

(4) A person may repair the system or device or replace the system or

device by a system or device of the same type or of a type prescribed by the

regulations.

Section 40 of the Act is repealed and the following

substituted:

Prohibition as to deposit of waste

40. No person shall deposit, or cause, permit or arrange

for the deposit of, waste upon, in, into or through any land or land covered

by water or in any building that is not a waste disposal site for which a

certificate of approval or a provisional certificate of approval has been

certificate.

Section 41 of the Act is repealed and the following

substituted:

Prohibition as to use of facilities, etc.

41. No person shall use, or cause, permit or arrange for

the use of, any facilities or equipment for the storage, handling, treatment,

collection, transportation, processing or disposal of waste that is not part

of a waste management system for which a certificate of approval or a

provisional certificate of approval has been issued and except in accordance

Section 43 of the Act is repealed and the following

substituted:

Order for removal of waste

43. Where waste has been deposited upon, in, into or

through any land or land covered by water or in any building that has not

been approved as a waste disposal site, the Director may issue an order to

remove the waste and to restore the site to a condition satisfactory to the

Director to,

(

a) an owner or previous owner or a person who otherwise has or had charge

and control of the land or building or waste;

(

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

(

c) a person that the Director reasonably believes engaged in an activity

prohibited by

section 40 or 41 that resulted in the deposit of the waste.

7. The heading preceding

section 48 of the Act is repealed and the

following substituted:

PART V.1

VEHICLE PERMITS AND NUMBER PLATES

(1) The definition of "hauled liquid industrial waste or

hazardous waste" in subsection 48 (1) of the Act is repealed.

(2) The definition of "offence" in subsection 48 (1) of the Act is

repealed and the following substituted:

offence" means offence under this Act, the Ontario Water Resources

Act or the Pesticides Act . ("infraction")

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

substituted:

Seizure of permit and number plates

(2) A police officer or a provincial officer may seize the permit and the

number plates for a vehicle where he or she reasonably believes that the

vehicle was used or is being used in connection with the commission of an

offence and the seizure is necessary to prevent the continuation or

repetition of the offence.

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

substituted:

Suspension of permit and detention of number plates

(1) Where a person is convicted of an offence, the court may order the

suspension of the permit and the detention of the number plates for any

vehicle that the court is satisfied was used in connection with the

commission of the offence.

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

substituted:

Right to be added as a party

(9) A person given notice under subsection (8) has the right to be added

as a party to the proceeding in respect of the offence for one or both of the

following purposes:

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

the commission of the offence.

2. Making submissions to the court with respect to the issuance of an

order under this section.

10. (1) Clause 50 (1) (

a) of the Act is repealed and the following

substituted:

(

a) a person is convicted of an offence; and

. . . . .

(2) Subclause 50 (1) (b) (

i) of the Act is amended by inserting

"connection with" after "used in" in the second line.

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

following substituted:

(ii) that the person to whom the permit and the number plates were issued

was notified that a penalty would be sought under

section 49,

. . . . .

11. (1) Clause 52 (2) (

a) of the Act is amended by inserting "to

the Registrar" after "notice" in the first line.

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

following clause:

(

h) except where the permit and number plates are in the custody of the

Registrar under a court order, a provincial officer has given notice to the

Registrar that the suspension of the permit and number plates is no longer

necessary to prevent the continuation or repetition of the offence.

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

substituted:

Substituted service

(1) On application without notice, a justice who is satisfied that

reasonable efforts have been made without success to give a notice, in

accordance with

section 182, under

section 48 or 49, or that such reasonable

efforts would not be successful, may order substituted service of the notice

in such manner as the justice may direct.

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

repealed and the following substituted:

Entry without judicial order

(1) A person who is responsible for doing a thing under

section 146, 147

or 148 may, for the purpose, enter on or into any land or place on or in

which the thing is to be done and any adjacent land or place without an order

if,

(

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

or place; or

(

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

result in,

(

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

(ii) impairment or serious risk of impairment of the quality of the

natural environment for any use that can be made of it, or

(iii) injury or damage or serious risk of injury or damage to any property

or to any plant or animal life.

Order authorizing entry

(2) A justice who is satisfied on evidence under oath that there is

reasonable ground to believe that entry on land or into or on a place is

necessary for the purpose of doing a thing under

section 146, 147 or 148, may

issue an order authorizing the person named in the order to make the entry

and do the thing.

Execution and expiry of order

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

(

a) specify the times, which may be 24 hours each day, during which the

order may be carried out; and

(

b) state when the order expires.

Renewal

(4) Before or after the order expires, a justice may renew the order, for

such additional periods as the justice considers necessary.

(2) Subsection 149 (5) of the Act is amended by inserting "land

or" after "to enter" in the second line.

(3) Subsection 149 (6) of the Act is amended by striking out "a

warrant" in the first line and substituting "an order" and by striking out

"the warrant" at the end and substituting "the order".

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

substituted:

Application without notice

(7) A justice may receive and consider an application for an order or

renewal of an order under this

section without notice to the owner or

occupier of the land or place.

(5) Subsection 149 (8) of the Act is amended by inserting "land

or" after "occupier of the" in the first and second lines.

14. (1) Subsection 156 (1) of the Act, as amended by the Statutes

of Ontario, 1994,

chapter 23,

section 66, is repealed and the following

substituted:

Inspection by provincial officer

(1) For the administration of this Act or the regulations, a provincial

officer may, without a warrant or court order, at any reasonable time and

with any reasonable assistance, make inspections, including,

(

a) entering any part of the natural environment to ascertain the extent,

if any, to which contaminants have caused an adverse effect, the causes for

any adverse effect, and how any adverse effect may be prevented, eliminated

or ameliorated and the natural environment restored;

(

b) entering any place in which the provincial officer reasonably believes

can be found any waste to which

Part V applies, any ozone depleting

substance, as defined in

section 56, or any other thing the dealing with

which is governed or regulated under this Act;

(

c) entering any place in or from which the provincial officer reasonably

believes a contaminant is being, has been or may be discharged into the

natural environment;

(

d) entering any place that the provincial officer reasonably believes is

likely to contain documents related to,

(

i) an activity or undertaking that is, or is required to be, the subject

of a permit, licence, approval, certificate of approval, provisional

certificate of approval, program approval, agreement, or order under this

Act,

(ii) an activity or undertaking that is exempted by a regulation from any

requirement to have a permit, licence, certificate of approval or provisional

certificate of approval under this Act and that is regulated by the

provisions of the regulation, or

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

(

e) entering any place that the provincial officer reasonably

believes,

(

i) is, or is required to be, subject to or referred to in a permit,

licence, approval, certificate of approval, provisional certificate of

approval, program approval, agreement, or order under this Act, or

(ii) is subject to or referred to in a regulation that provides for an

exemption from any requirement to have a permit, licence, certificate of

approval or provisional certificate of approval under this Act, where the

regulation includes provisions that regulate the place;

(

f) entering any place where a motor, motor vehicle or beverage container

regulated under this Act is stocked, displayed, sold or offered for sale, to

carry out his or her duties under

Part III or IX, as the case may be;

(

g) entering any establishment for the repair of motors or motor vehicles,

to carry out his or her duties under

Part III;

(

h) entering any ice shelter to carry out his or her duties under

Part

IV;

(

i) entering any abandoned motor vehicle to carry out his or her duties

under

Part VII;

(

j) entering any place where the provincial officer reasonably believes

the permit and plates of a vehicle may be found, in order to seize them in

accordance with

section 48 or 49; and

(

k) where a pollutant as defined in

Part X is spilled and is likely to

cause an adverse effect, enter

Document details

Collection	Ontario — Bills
Citation	Bill 82, 36-2
Type	bill
Volume / chapter	p36 s2 bill 82 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a294b5f099d979fcfae79b82b5698b4d3e8b3cca

Source file is stored in the law ingest library (html).