p44 s1 bill 27 b027 e.pdf

Ontario — Bills

1ST SESSION, 44TH LEGISLATURE, ONTARIO 3 CHARLES III, 2025 Bill 27

An Act to enact the Geologic Carbon Storage Act, 2025 and to amend various Acts with respect to wildfires, resource safety and surveyors The Hon. M. Harris Minister of Natural Resources Government Bill 1st Reading May 27, 2025 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

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 well s 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. Res earch and evaluation activities include, for example, using wells to explore for storage repositories capable of being used for car bon storage and obtaining information in relation to their potential use or viability for carbon storage. Carbon storage activiti es include, for example, using wells to inject carbon dioxide into a storage repository for the purposes of the permanent stora ge 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 t he 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. Oth er

ii 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 permit s, 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 A ct as well as regulations of a transitionary nature. This general authority to make regulations is in addition to specific regulati on- 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 1. Contents of this Act 2. Commencement 3.

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. Is committed to offering industries a critical tool for managing their emissions by enabling geologic carbon storage in Ontar io 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 2

(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 1 The title of the Forest Fires Prevention Act is repealed and the following substituted: Wildland Fire Management Act 2 The Act is amended by striking out the heading immediately before

section 1 and substituting the following:

INTERPRETATION 3 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 impact s of wildland fires, a nd to contribute to a resilient province. 4

(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. 5 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”. 6

Section 4 of the Act is repealed and the following substituted: Officers 4

(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.

3 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. 7

Section 5 of the Act is repealed and the following substituted: Right of entry for wildland fire management 5 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;

4 (

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 i f 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.

5 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. Search 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 l ead 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

6 (

b) evidence concerning the offence will be obtained through the use of the technique or procedure or t aking 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. No 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.

7 Seizure and forfeiture 5.8

(1) A wildland fire investigator who lawfully enters onto any lands or into an area or building under t his 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.

8 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. 8

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. 9

Section 7 of the Act is repealed and the following substituted: Right to summon assistance 7

(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 the rates to be paid, and the terms and conditions for use of equipment; (

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).

9 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 M inister 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. 10

Section 8 of the Act is repealed. 11

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 M inister 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. 12 The Act is amended by adding the following section: Fires in fire season 11

(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. 13 The Act is amended by striking out the heading immediately before

section 12 and substituting the following: RESTRICTED FIRE ZONES 14 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 M inister 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. 15

(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:

10 (

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. 16 The Act is amended by adding the following

section immediately after the heading “Prevention Measures”: Wildland fire management plan 14

(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. 17

(1) The Act is amended by adding the following section: Equipment 15 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”. 18 (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)”. 19

Section 17 of the Act is amended striking out “an officer” at the end and substituting “a wildland fire compliance officer”. 20 (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”.

11 (3) Subsection 18 (3) of the Act is amended by striking out “an officer” and substituting “a wildland fire compliance officer”. 21

Section 19 of the Act is repealed and the following substituted: Wildland fire management agreements 19

(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. 22

Section 20 of the Act is repealed and the following substituted: Extinguishment of fires 20 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. 23 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”. 24 Clause 21.1 (6) (

a) of the Act is repealed. 25 The Act is amended by adding the following section: No 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. 26

Section 22 of the Act is amended by striking out “an officer” and substituting “a wildland fire officer”. 27

Section 23 of the Act is repealed and the following substituted: Emergency area orders 23

(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) . No 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,

12 (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 of

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. 28 The Act is amended by striking out the heading immediately before

section 25 and substituting the following: OFFENCES AND PENALTIES 29

Section 25 of the Act is repealed and the following substituted: Obstruction of officers 25 A 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. 30

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

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”. 32 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). 33 The Act is amended by striking out the heading immediately before

section 35. 34 (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.

13 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. No 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 a n 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

14 (

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. 35 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 wit h 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). No 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. If 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 speci fied 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

15 (

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. 36 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). No 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. If 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.

16 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 . 37 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. 38 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. 39

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

17 Regulations — Lieutenant Governor in Council 36

(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 under this Act and prescribing and governing terms and conditions of such permits or classes of permits; (

g) providing for and governing appeals from a refusal to issue or renew a permit, from the cancellation of a permit or from the imposition of terms and conditions in a 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,

18 (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 a s amended from time to time. 40

Section 37 of the Act is repealed and the following substituted: Transition regulations 37 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. 41 The Act is amended by striking out “forest area” in the following provisions and substituting in each case “wildland area”:

Section 17.

Section 28.

Section 29.

Section 30.

Section 33. Conservation Authorities Act 42 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 43 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 44 (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 45

(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 da y 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 1.

Interpretation 2. Purpose 3. Regulated activities 4. Prohibition 5. Regulations,

Part I

PART II OWNERSHIP OF AND RIGHTS TO PORE SPACE 6. Definition 7. Ownership of pore space 8. Taking of rights by the Crown 9. Crown authorization 10. No expropriation

PART III AUTHORIZATIONS 11. Licences for use of Crown lands and public pore space 12. Permits 13. Unitization orders 14. Referral to Ontario Energy Board 15. Referral to Tribunal 16. Completeness of applications 17. Authorizations, period of validity 18. Transfers 19. Revocation 20. Suspensions 21. Regulations,

Part III

PART IV OBLIGATIONS AND OPERATION AND CLOSURE OF CARBON STORAGE SITES 22. General obligations 23. Tribunal conferral of rights over lands re carbon storage sites 24. Orders to cease carbon injection 25. Closure of a carbon storage site 26. Closure certificate and transfer of liabilities 27. Insurance coverage 28. Provision of information 29. Regulations,

Part IV

PART V REVIEWS AND APPEALS BEFORE TRIBUNAL 30. Notices of proposal 31. Reviews and appeals 32. Disposition of review, licences 33. Disposition of appeal, permits 34. Regulations,

Part V

PART VI ENFORCEMENT 35.

Definitions 36. Review by third party 37. Inspectors, appointment 38. Inspection to determine compliance 39. Stopping vehicles and boats to inspect 40. Assisting inspector 41. Obstruction of inspector 42. Orders by inspectors where non-compliance 43. Order re preventative measures 44. Order to decommission a well or ancillary work 45. Direction that ancillary work etc., not be used 46. Affixing tags 47. Appeal from inspector’s order 48. Ministerial action re carbon storage site 49. Enforcement officers

20 50. Warrants re offences 51. Production orders 52. Seizure and forfeiture 53. Arrest without warrant 54. Use of force 55. Obstruction of enforcement officer 56. Offences 57. Regulations,

Part VI

PART VII CARBON STORAGE STEWARDSHIP FUND 58. Definition 59. Fund 60. Authorized charges 61. Regulations

PART VIII GENERAL 62. Forms 63. Regulations, general 64. Regulations, transitional matters 65. No personal liability 66. Proceedings barred

PART IX RELATED AMENDMENTS, COMMENCEMENT AND

SHORT TITLE 67. Oil, Gas and Salt Resources Act 68. Commencement 69.

Short title

PART I

INTERPRETATION, PURPOSE AND PROHIBITIONS

Interpretation 1

(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 ancilla ry 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”)

21 “regulations” means the regulations made under this Act; (“règlements”) “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, inclu ding 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 3

(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:

22 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 4

(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 5

(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 8

(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 regul ation or previously identified in the regulation, as the case may be, vest in the current owner of the surface rights from which th e rights to the pore space were taken, unless the rights have been exercised to perform carbon storage activities. No 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 9

(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.

24 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. No 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 11

(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 the terms and conditions that the Minister considers appropriate. 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 12

(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,

25 (

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 terms and conditions that the Minister considers appropriate. 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 13

(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;

26 (

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 may impose any terms and conditions on the unitization order that 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 terms and conditions on the order that the Tribunal considers appropriate. 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 14

(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.

27 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 as a recommendation to impose terms and conditions; if applicable to the application, the Minister may impose additional terms and conditions as long as 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 15

(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 sp ecific 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 Minister may impose additional terms and conditions on the permit or 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 16

(1) An application for an authorization is a complete application for the purposes of this

section if the applicant has,

28 (

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, an d 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 17

(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 may impose terms and conditions on the authorization with respect to the abridgement or extension. Transfers 18

(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 19

(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.

29 Suspensions 20

(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 Mi nister 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 21

(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 classes of licences and permits and prescribing standard terms and conditions that apply to them ; (

c) governing applications in respect of authorizations, including setting out both substantive and procedural requirements for the issuance of authorizations;

30 (

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 23

(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.

31 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 a ny 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.

32 Orders to cease carbon injection 24

(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 order issued under this

section may set out such terms and conditions as the 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 25

(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).

33 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) for the duration of the time period prescribed by the regulations made by the Minister, continue to manage the carbon storage site in accordance with this Act, the regulations made by the Minister and any applicable orders or authorizations issued under this Act; (

d) perform the notification and consultation activities and procedures as set out in the regulations made by the Minister; (

e) satisfy any other conditions of the approval or order to close the carbon storage site, if applicable; and (

f) satisfy any other requirements relating to the closure of the carbon storage site that are set out in any authorization issued in relation to the carbon storage site or in the regulations made by the Minister. Closure certificate and transfer of liabilities 26

(1) A storage permit holder is eligible to request from the Minister a closure certificate for a carbon storage site once all of the following have occurred: 1. The storage permit holder has obtained the Minister’s approval to close the carbon storage site or has been issued an order to close the carbon storage site or, if the permit holder is permitted to close the carbon storage site under subsection 25 (2), any actions or steps prescribed by the regulations made by the Minister have been completed. 2. The storage permit holder has satisfied the requirements of

section 25. 3. The time period mentioned in clause 25 (5) (

c) has elapsed. Issuance of certificate

(2) The Minister shall issue a closure certificate to a storage permit holder who is eligible to request one and who applies for it in accordance with the regulations made by the Minister if, (

a) the Minister is satisfied that the carbon dioxide stored within a storage repository is behaving in a stable and predictable manner and that there is no significant risk of future leakage of the carbon dioxide; and (

b) any conditions prescribed by the regulations have been met and any circumstances pr

Document details

Collection	Ontario — Bills
Citation	p44 s1 bill 27 b027 e.pdf
Type	bill
Volume / chapter	p44 s1 bill 27 b027 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	c814dcca25723472f7c449aafeb14e92a6db44fa

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