Interpretation, environmental compliance approval 2.1 For the purposes of this Act and the regulations made under it and any other Act and the regulations made under any other Act, (a) any reference to an environmental compliance approval includes, (i) a certificate of approval or provisional certificate of approval issued under section 9 or 39 before the day this section comes into force, and (ii) an approval granted under section 53 of the Ontario Water Resources Act before the day this section comes into force; and (b) any certificate of approval, provisional certificate of approval or approval mentioned in subclause (a) (i) or (ii) may be amended, reviewed, suspended and revoked as if it were an environmental compliance approval.
PART I ADMINISTRATION Purpose of Act The Minister, for the purposes of the administration and enforcement of this Act and the regulations, may, (a) investigate problems of pollution, waste management, waste disposal, litter management and litter disposal; (b) conduct research related to contaminants, pollution, waste management, waste disposal, litter management and litter disposal; (c) conduct studies of the quality of the natural environment, meteorological studies, and monitoring programs; (d) conduct studies of environmental planning designed to lead to the wise use of the natural environment; (e) convene conferences and conduct seminars and educational and training programs relating to contaminants, pollution, waste and litter; (f) gather, publish and disseminate information relating to contaminants, pollution, waste and litter; (g) make grants and loans in such amounts and upon such terms as the Minister considers advisable for, (i) research and training in relation to contaminants, pollution, waste, litter and the reduction of waste and the reuse and recycling of materials that are or could become waste, (ii) planning, operating, developing, improving and enlarging waste management systems, waste disposal sites and programs to encourage the reduction of waste or the reuse or recycling of materials that are or could become waste, and (iii) discontinuing waste management systems or reduction, reuse or recycling programs or closing waste disposal sites; (h) establish and operate demonstration and experimental sewage systems under Part VIII, waste management systems, waste disposal sites and programs concerning the reduction of waste or the reuse or recycling of materials that are or could become waste; (i) appoint committees to perform such advisory functions as the Minister considers advisable; (j) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person relating to the protection or conservation of the natural environment; (k) establish and operate, use, alter, enlarge and extend waste management systems or waste disposal sites; and (l) discontinue systems and close sites referred to in clause (k).
Limitation A waste disposal site or waste management system shall not be established under clause (1) (k) in a municipality for any function relating to waste from a source within the municipality or to existing waste located within the municipality unless, (a) the municipality does not have a waste disposal site or waste management system that is adequate and available to perform that function for the waste; or (b) the municipality consents to the establishment of the site or system.
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In this Act, “administrative penalty” means a penalty imposed under section 182.3; (pénalité administrative”) “adverse effect” means one or more of, (a) impairment of the quality of the natural environment for any use that can be made of it, (b) injury or damage to property or to plant or animal life, (c) harm or material discomfort to any person, (d) an adverse effect on the health of any person, (e) impairment of the safety of any person, (f) rendering any property or plant or animal life unfit for human use, (g) loss of enjoyment of normal use of property, and (h) interference with the normal conduct of business; (“conséquence préjudiciable”) “air” means open air not enclosed in a building, structure, machine, chimney, stack or flue; (“air”) “analyst” means an analyst appointed under this Act; (“analyste”) “certificate of property use” means a certificate of property use issued under section 168.6; (“certificat d’usage d’un bien”) “certification date” means, in respect of a record of site condition, a date determined in accordance with the regulations that is not later than the date the record of site condition is filed in the Environmental Site Registry; (“date d’attestation”) “contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect; (“contaminant”) “discharge”, when used as a verb, includes add, deposit, leak or emit and, when used as a noun, includes addition, deposit, emission or leak; (“rejet”, “rejeter”) “document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device; (“document”) “environmental compliance approval” means an approval issued under Part II.1; (“autorisation environnementale”) “environmental penalty” means a penalty imposed under section 182.1; (“pénalité environnementale”) “fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”) “fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”) “greenhouse gas” means, (a) carbon dioxide, (b) methane, (c) nitrous oxide, (d) hydrofluorocarbons, (e) perfluorocarbons, (f) sulphur hexafluoride, or (g) any other contaminant prescribed as a greenhouse gas by the regulations; (“gaz à effet de serre”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “greenhouse gas” in subsection 1 (1) of the Act is repealed.
80 (1)) “inspection” includes an audit, examination, survey, test and inquiry; (“inspection”) “justice” means a provincial judge or a justice of the peace; (“juge”) “land” means surface land not enclosed in a building, land covered by water and all subsoil, or any combination or part thereof; (“terrain”) “Minister” means the Minister of the Environment; (“ministre”) “Ministry” means the Ministry of the Environment; (“ministère”) “municipal representative” means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; (“représentant municipal”) “municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; (“municipalité”) “natural environment” means the air, land and water, or any combination or part thereof, of the Province of Ontario; (“environnement naturel”) “person” includes a municipality as defined in this subsection; (“personne”) “person responsible” means the owner, or the person in occupation or having the charge, management or control of a source of contaminant; (“personne responsable”) “place” includes a building, structure, machine, vehicle or vessel; (“lieu”) “provincial officer” means a person who is designated by the Minister as a provincial officer for the purposes of this Act and the regulations; (“agent provincial”) “receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; (“séquestre”) “receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”) “regulated person” means, (a) a person who belongs to a class of persons prescribed by the regulations and who holds or is required to hold, (i) an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under this Act, or (ii) an approval, licence or permit under the Ontario Water Resources Act, (b) a person who has registered or is required to register an activity under subsection 20.21 (1), or (c) a corporation that belongs to a class of corporations prescribed by the regulations; (“personne réglementée”) “regulations” means the regulations made under this Act; (“règlements”) “renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”) “renewable energy project” has the same meaning as in the Green Energy Act, 2009; (“projet d’énergie renouvelable”) “secured creditor” means a person who holds a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege on or against property, but does not include a person who has taken possession or control of the property; (“créancier garanti”) “secured creditor representative” means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; (“représentant d’un créancier garanti”) “source of contaminant” means anything that discharges into the natural environment any contaminant; (“source de contamination”) “Tribunal” means the Environmental Review Tribunal; (“Tribunal”) “trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy; (“représentant d’un syndic de faillite”) “water” means surface water and ground water, or either of them.
Idem, Director For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons.
Secondary discharge within building A contaminant that is discharged into the air within a building or structure as a result of the discharge of the same or another contaminant in another building or structure shall be deemed to be discharged into the natural environment by the owner or the person who has the charge, management or control of the contaminant discharged in the other building or structure.
Delegation The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments: 1.
Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. Any other persons or the members of any other classes of persons.
Analysts and provincial officers The Minister may in writing appoint as analysts or designate as provincial officers any of the following persons as the Minister considers necessary in respect of the sections of any Act administered by the Minister or of the regulations under such Act that are set out in the appointments or designations: 1.
Limitation of authority The Minister, in an appointment or designation under subsection (1) or (2), may limit the authority of a Director, analyst or provincial officer in such manner as the Minister considers necessary or advisable.
Provincial officers A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act.
PART II GENERAL PROVISIONS Prohibition, contamination generally No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations.
Exception Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002.