Environmental Approvals Improvement Act, 1996
EXPLANATORY NOTE
Sections 102 to 121 of the Environmental Protection Act provide for the Environmental Compensation Corporation and authorize it to compensate for damage incurred as a result of spills of pollutants. A scheme for investigation, hearings and payments was established. The Bill eliminates the scheme and sets out a transition.
The power to make regulations under the Environmental Protection Act and the Ontario Water Resources Act is simplified and consolidated into a more concise arrangement. There is expanded power to grant exemptions, subject to conditions, from approval requirements under section 9 and Part VIII of the Environmental Protection Act and in respect of water and sewage works under the Ontario Water Resources Act.
The Ontario Water Resources Act is amended to clarify that exemptions from the Act's approval requirements for drainage works under the Drainage Act apply only to proposals whose main purpose is to facilitate agricultural activities.
The Ontario Waste Management Corporation Act is repealed.
Bill1996
An Act to improve the Efficiency of the Environmental
Approvals Process and Certain Other Matters
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
ENVIRONMENTAL PROTECTION ACT
1. Sections 102 to 121 of the Environmental Protection Act are repealed and the following substituted:
Transfer of rights
102. (1) All rights of recovery of compensation of the Environmental Compensation Corporation are transferred to Her Majesty in right of Ontario.
Same
(2) All assets, other than rights of recovery of compensation, and liabilities of the Environmental Compensation Corporation are transferred to and assumed by Her Majesty in right of Ontario as represented by the Minister of Environment and Energy.
Right of action preserved
103. (1) Despite the repeal of section 110 by the Environmental Statute Law Amendment Act, 1996, Her Majesty in right of Ontario may start or continue a proceeding for the recovery of compensation or pursue any action under that section, as if it had not been repealed, in the place of the Environmental Compensation Corporation.
Repayment
(2) A person who received payment, pursuant to a certificate of the Environmental Compensation Corporation, from the Minister of Finance of Ontario for loss or damage as a result of a spill and recovers compensation from another person for the same loss or damage shall repay to the Minister of Finance an amount equal to the total amount recovered from the Minister of Finance and the other person less the financial value of the loss or damage suffered, but the amount repayable does not exceed the payment received from the Minister of Finance.
Testimony
104. Except in a proceeding under this Act or the regulations, no person who obtained information in the course of his or her duties or employment with the Environmental Compensation Corporation in connection with the administration of, or a proceeding under, this Act or the regulations is required to givetestimony, other than testimony about a spill of a pollutant, in a civil suit or proceeding with regard to that information.
Corporation dissolved
105. The Environmental Compensation Corporation is dissolved.
2. The Act is amended by adding the following section:
Regulations
175.1. The Lieutenant Governor in Council may make regulations,
(a) exempting any person, licence holder, insurer, industry, contaminant, source of contaminant, motor vehicle, motor, waste, waste disposal site, waste management system, activity, area, location, matter, substance, sewage system, product, material, beverage, packaging, container, discharge, spill, pollutant or thing from any provision of this Act and the regulations and prescribing conditions for the exemptions from this Act and the regulations;
(b) prohibiting, regulating or controlling, (including prescribing conditions for the prohibition, regulation or control) the making, use, sale, display, advertising, transfer, transportation, operation, maintenance, storage, recycling, disposal, or discharge, or manner thereof, of any contaminant, source of contaminant, motor vehicle, motor, waste, waste disposal site, waste management system, activity, area, location, matter, substance, sewage system, product, material, beverage, packaging, container, discharge, spill, pollutant or thing;
(c) governing and requiring the payment to the Crown, a municipality or a person acting on behalf of the Crown of fees, including prescribing the amounts or the method of calculating the amounts of the fees, and governing the procedure for the payment,
(i) by an applicant for a certificate of approval, provisional certificate of approval, permit, licence or renewal of licence, examination or certification,
(ii) in respect of any registration or record required by this Act or the regulations,
(iii) by a person carrying on an activity or purporting to carry on an activity pursuant to a provision of a regulation that exempts the person from the requirement to obtain a certificate of approval,provisional certificate of approval or permit, and
(iv) by a person asking the Ministry, a municipality or a person acting on behalf of the Ministry, to supply information, services, or copies of documents, maps, plans, recordings or drawings;
(d) providing for the retention of all or part of the fees paid, under this Act, to municipalities or persons acting on behalf of the Crown by the municipalities or persons;
(e) providing for refunds of the fees paid under this Act to the Crown, a municipality or a person acting on behalf of the Crown;
(f) providing for the issue, renewal, suspension and revocation of certificates of approval, provisional certificates of approval, permits and licences, and prescribing conditions for the issuing, renewing, suspending and revoking;
(g) defining the desirable quality criteria of the natural environment;
(h) prescribing the records to be kept by any person and the returns of information and reports to be made by any person and providing for the inspection and examination of the records;
(i) providing for forms and their use;
(j) providing for the method of service of any document given or served under this Act;
(k) designating any matter required to be designated or authorized by or referred to in this Act as designated;
(l) prescribing any matter required to be prescribed or authorized by or referred to in this Act as prescribed.
3. (1) Clauses 176 (1) (a), (c), (d), (g), (h), (o), (p), (q), (r) (w) and (x) of the Act are repealed and the following substituted:
(h) governing the discharge of any contaminant and prescribing requirements for any plant, structure, equipment, apparatus, mechanism or thing that may discharge a contaminant or from which a contaminant may be discharged in relation to,
(i) planning, design, siting, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, and
(ii) the discontinuance of the operation of any plant, structure, equipment, apparatus, mechanism or thing;
(h.1) governing the alteration or cessation of a process, rate of production or a rate or manner of discharge of contaminants into the natural environment;
(h.2) deeming a certificate of approval to exist in respect of any plant, structure, equipment, apparatus, mechanism, thing, process, rate of production or rate or manner of discharge of a contaminant to which subsection 9 (1) would apply but for an exemption from the requirement to obtain a certificate of approval set out in a regulation.
(2) Clauses 176 (2) (a) and (b) of the Act are repealed.
(3) Clause 176 (3) (a) of the Act is repealed.
(4) Clauses 176 (4) (a), (b) and (c) of the Act are repealed.
(5) Clause 176 (4) (e) of the Act is amended by striking out "or any class thereof".
(6) Clause 176 (4) (g) of the Act is repealed.
(7) Clauses 176 (5) (a), (b) and (c) of the Act are repealed.
(8) Clauses 176 (6) (c), (g) and (h) of the Act are repealed and the following substituted:
(h) prescribing the qualifications of licence holders and providing for the examination of applicants for licences.
(9) Clause 176 (6) (i) of the Act is repealed.
(10) Clause 176 (6) (j) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 66, is repealed.
(11) Clauses 176 (6) (k) and (l) of the Act are repealed and the following substituted:
(l) prescribing the qualifications of inspectors, providing for examination and certification of inspectors,prescribing reasons for which certification may be suspended, and the length of suspension or the terms removing the suspension, or cancelled and prohibiting any municipality from carrying out any inspections under an agreement under Part VIII except by certified inspectors;
(l.1) deeming a certificate of approval to exist in respect of a sewage system to which subsection 77 (1) would apply but for an exemption from the requirement to obtain a certificate of approval set out in a regulation.
(12) Subclause 176 (6) (n) (iv) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 66, is repealed and the following substituted:
(iv) providing that any officers, employees or agents of municipalities who meet prescribed qualifications and are designated by the municipalities as Directors for the purposes of this Act and the regulations in relation to programs established under section 81.1 shall be Directors for the programs subject to such conditions as may be prescribed.
(13) Clauses 176 (7) (h) and (i) of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 34, are repealed.
(14) Clause 176 (8) (a) of the Act is amended by striking out "and classes of persons".
(15) Clauses 176 (8) (e), (f), (g), (h) and (i) of the Act are repealed.
4. Section 177 of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 35, is repealed and the following substituted.
Regulations
177. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.
Classes
(2) A regulation may apply in respect of any class of activity, matter, person or thing.
Same
(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof and may be defined to consist of or toinclude or exclude any specified member whether or not with the same attributes, qualities or characteristics.
Adoption of codes in regulations
(4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council
considers necessary, any code, formula, standard, protocol or procedure, and may require compliance with any code, formula, standard, protocol or procedure so adopted.
Amendments to codes
(5) The power to adopt by reference and require compliance with a code, formula, standard, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, protocol or procedure as it may be amended from time to time.
When effective
(6) The adoption of an amendment to a code, formula, standard, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.
Bar of action
177.1 No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain a licence, certificate of approval, provisional certificate of approval or permit.
PART II
ONTARIO WATER RESOURCES ACT
5. (1) Clause 53 (6) (d) of the Ontario Water Resources Act is repealed and the following substituted:
(d) to a drainage works under the Drainage Act or a sewage works where the main purpose of the works is to drain land for the purpose of agricultural activity.
(2) Clause 53 (6)(e) of the Act is amended by striking out "the Drainage Act".
6. (1) Clauses 75 (1) (a), (c), (d), (e), (g) and (h) of the Act are repealed and the following substituted:
(h) providing for the licensing of water works and sewage works operators and prescribing the qualifications of persons to whom licences may be issued.
(2) Clauses 75 (1) (l), (m), (n), (p), (q) and (r) of the Act are repealed.
(3) Clauses 75 (1) (s) and (t) of the Act are repealed and the following substituted:
(s) governing the management of water and sewage and prescribing requirements for water works and sewage works in relation to,
(i) planning, design, siting, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, and
(ii) the closure of water works and sewage works;
(t) deeming an approval to exist in respect of any water works or sewage works to which subsection 52 (1) or 53 (1) would apply but for an exemption from the requirement to obtain an approval set out in a regulation.
(4) Clauses 75 (1) (u) and (v) of the Act are repealed.
(5) Clauses 75 (2) (b), (c), (h), (i), (j), (n), (s), (t), (u), (v) and (x) of the Act are repealed.
(6) Subsections 75 (4) and (5) of the Act are repealed.
7. The Act is amended by adding the following sections:
Regulations
76. The Lieutenant Governor in Council may make regulations relating to this Act,
(a) exempting any person, operator, licence holder, permit holder, licence, permit, activity, area, location, substance, material, water works, water service, sewage works, sewage service, well, discharge or thing from any provision of this Act or the regulations and prescribing conditions for the exemptions from this Act and the regulations;
(b) prohibiting, regulating or controlling (including prescribing conditions for the prohibition, regulation or control of),
(i) mains, service pipes, valves, hydrants and all other works that form part of or are connected with water works,
(ii) the manner in which the service pipes of users of water are to be connected with the mains of the water works supplying the water,
(iii) sewers, drain pipes, maintenance holes, gully traps and all other works that form part of or are connected with sewage works,
(iv) the manner in which building sewers are to be connected with sewage works,
(v) the content of sewage entering sewage works,
(vi) the use of water from any source of supply,
(vii) the location, spacing, use, cleaning, testing, disinfecting and decontaminating of wells, and
(viii) the methods and materials used in the construction of wells and the maintenance of wells;
(c) governing and requiring the payment to the Crown, a municipality or a person acting on behalf of the Crown of fees, including prescribing the amounts or the method of calculating the amounts of the fees, and governing the procedure for the payment,
(i) by an applicant for an approval, permit or renewal of permit, licence or renewal of licence, examination or certification,
(ii) in respect of any registration or record required by this Act or the regulations,
(iii) by a person carrying on an activity or purporting to carry on an activity pursuant to the provisions of a regulation that exempts the person from the requirement to obtain an approval, permit or licence, and
(iv) by a person asking the Ministry, a municipality or a person acting on behalf of the Ministry, to supply information, services, or copies of documents, maps, plans, recordings or drawings;
(d) providing for the retention of all or part of the fees paid, under this Act, to municipalities or persons acting on behalf of the Crown by the municipalities or persons;
(e) providing for refunds of the fees paid under this Act to the Crown, a municipality or a person acting on behalf of the Crown;
(f) providing for the issue, renewal, suspension and revocation of approvals, permits and licences, and prescribing conditions for the issuing, renewing, suspending and revoking;
(g) prescribing the records that are to be kept by any person and the returns of information and reports to be made by any person and providing for the inspection and examination of the records;
(h) providing for forms and their use;
(i) providing for the method of service of any document given or served under this Act;
(j) prescribing any matter required to be prescribed or authorized by or referred to in this Act as prescribed.
Regulations
77. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.
Classes
(2) A regulation may apply in respect of any class of activity, matter, person or thing.
Same
(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics.
Adoption of codes in regulations
(4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council
considers necessary, any code, formula, standard, protocol or procedure, and may require compliance with any code, formula, standard, protocol or procedure so adopted.
Amendments to codes
(5) The power to adopt by reference and require compliance with a code, formula, standard, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, protocol or procedure as it may be amended from time to time.
When effective
(6) The adoption of an amendment to a code, formula, standard, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.
Bar of action
78. No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain an approval, licence or permit.
PART III
ONTARIO WASTE MANAGEMENT CORPORATION ACT
Repeal
8. The Ontario Waste Management Corporation Act is repealed.
Transfer of assets
9. (1) The assets and liabilities of the Ontario Waste Management Corporation are transferred to and assumed by Her Majesty in right of Ontario, as represented by the Minister of Environment and Energy.
O.W.M.C. dissolved
(2) The Ontario Waste Management Corporation is dissolved.
PART IV
Transition
10. No application for payment of a claim that is made to the Environmental Compensation Corporation after the day this Act receives first reading shall be processed and no payment shall be made pursuant to such an application.
Commencement
11. (1) This Act, except for section 1, comes into force on the day it receives Royal Assent.
Same
(2) Section 1 of this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
12. The short title of this Act is the Environmental Approvals Improvement Act, 1996.