O. Reg. 254/11: ENVIRONMENTAL PENALTIES


Published: 2011-06-14

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ONTARIO REGULATION 254/11

made under the

ENVIRONMENTAL PROTECTION ACT

Made: June 1, 2011
Filed: June 14, 2011
Published on e-Laws: June 16, 2011
Printed in The Ontario Gazette: July 2, 2011


Amending O. Reg. 222/07

(Environmental Penalties)

Note: Ontario Regulation 222/07 has not previously been amended.

1. Section 2 of Ontario Regulation 222/07 is amended by adding the following definition:

“sewage” has the same meaning as in subsection 1 (1) of the Ontario Water Resources Act;

2. Paragraph 1 of subsection 3 (3) of the Regulation is amended by striking out “requirement to have an approval” and substituting “prohibition”.

3. (1) Paragraph 5 of subsection 9 (1) of the Regulation is amended by striking out “item 3 or 4 of Table 2” and substituting “item 3 to 4.1 of Table 2”.

(2) Subsection 9 (2) of the Regulation is amended by striking out “item 1 to 4, 8 or 13 of Table 2” and substituting “item 1 to 4.1, 8, 12.1 or 13 of Table 2”.

(3) Subsection 9 (3) of the Regulation is amended by striking out “item 5, 7 or 10 of Table 2” in the portion before paragraph 1 and substituting “item 5, 7, 10 or 12.3 of Table 2”.

(4) Subsection 9 (4) of the Regulation is amended by striking out “item 6, 9, 11 or 12 of Table 2” in the portion before paragraph 1 and substituting “item 6, 9, 11, 12 or 12.2 of Table 2”.

4. (1) Subsection 12 (1) of the Regulation is amended by striking out “item 3 or 4 of Table 2” and substituting “item 3 to 4.1 of Table 2”.

(2) Subsection 12 (2) of the Regulation is amended by striking out “the regulation or order” in the portion before clause (a) and substituting “the regulation, order or environmental compliance approval”.

(3) Subsection 12 (3) of the Regulation is amended by striking out “the regulation or order” in the portion before clause (a) and substituting “the regulation, order or environmental compliance approval”.

5. Section 13 of the Regulation is amended by striking out “item 8 of Table 2” and substituting “item 8 or 12.1 of Table 2”.

6. (1) Subsection 16 (1) of the Regulation is amended by striking out “item 1, 3 or 4 of Table 2” in the portion before paragraph 1 and substituting “item 1 or 3 to 4.1 of Table 2”.

(2) Subsection 16 (2) of the Regulation is amended by striking out “item 1, 3 or 4 of Table 2” in the portion before paragraph 1 and substituting “item 1 or 3 to 4.1 of Table 2”.

(3) Subparagraph 1 iii of subsection 16 (2) of the Regulation is amended by striking out “item 3 or 4 of Table 2” and substituting “item 3 to 4.1 of Table 2”.

(4) Subparagraph 2 iv of subsection 16 (2) of the Regulation is amended by striking out “item 3 or 4 of Table 2” and substituting “item 3 to 4.1 of Table 2”.

7. (1) Subsection 18 (2) of the Regulation is amended by striking out “item 6, 9, 11 or 12 of Table 2” and substituting “item 6, 9, 11, 12 or 12.2 of Table 2”.

(2) Subsection 18 (5) of the Regulation is amended by striking out “item 6, 9, 11 or 12 of Table 2” in the portion before clause (a) and substituting “item 6, 9, 11, 12 or 12.2 of Table 2”.

8. Table 2 of the Regulation is amended by adding the following items:

4.1

Subclause 182.1 (1) (a) (v)

Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.

The contravention is of a provision of an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act.

The day subsection 2 (79) of Schedule 7 to the Open for Business Act, 2010 comes into force.

Type 1

12


. . . . .

12.1

Subclause 182.1 (1) (b) (iii)

Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act.


1. The contravention is of a provision of an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act.

2. The provision of the environmental compliance approval that is contravened requires the regulated person to conduct an acute lethality test on contaminated or potentially contaminated sewage.

The day subsection 2 (79) of Schedule 7 to the Open for Business Act, 2010 comes into force.

Type 2

13

12.2

Subclause 182.1 (1) (b) (iii)

Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act.


1. The contravention is of a provision of an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act.

2. The provision of the environmental compliance approval that is contravened is not a provision of an approval described in item 4.1, 12.1 or 12.3 of this Table.

The day subsection 2 (79) of Schedule 7 to the Open for Business Act, 2010 comes into force.

Type 1

15

12.3

Subclause 182.1 (1) (b) (iii)

Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act.

The environmental compliance approval issued in respect of an activity mentioned in section 53 of the Ontario Water Resources Act requires the regulated person to report a failure to comply with a provision of the approval that has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.

The day subsection 2 (79) of Schedule 7 to the Open for Business Act, 2010 comes into force.

Type 1

15


Commencement

9. This Regulation comes into force on the later of the day subsection 2 (79) of Schedule 7 to the Open for Business Act, 2010 comes into force and the day it is filed.