Environmental Protection Act, R.S.O. 1990, c. E.19

• Jurisdiction: Ontario

Environmental Protection Act

R.S.O. 1990, CHAPTER E.19

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 10, s. 1.

CONTENTS

Interpretation

1 (1) In this Act,

“administrative penalty” means a penalty imposed under section 182.3; (pénalité administrative”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “administrative penalty” in subsection 1 (1) of the Act is amended by striking out “182.3” at the end and substituting “182.1 or 182.4”. (See: 2019, c. 14, Sched. 8, s. 1 (1))

“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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “environmental penalty” in subsection 1 (1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 1 (2))

“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”)

“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 and Climate Change or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Minister” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 8, s. 1 (3))

“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “regulated person” in subsection 1 (1) of the Act is repealed. (See: 2019, c. 14, Sched. 8, s. 1 (4))

“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 Electricity Act, 1998; (“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 Ontario Land 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. (“eau”) R.S.O. 1990, c. E.19, s. 1 (1); 1992, c. 1, s. 22; 1998, c. 35, s. 1; 2000, c. 26, Sched. F, s. 12 (1-3); 2001, c. 9, Sched. G, s. 5 (1); 2001, c. 17, s. 2 (1); 2002, c. 17, Sched. F, Table; 2005, c. 12, s. 1 (1-3); 2009, c. 12, Sched. G, s. 1; 2009, c. 19, s. 67 (1); 2009, c. 27, s. 1; 2010, c. 16, Sched. 7, s. 2 (1, 2); 2017, c. 20, Sched. 5, s. 1 (1, 2); 2018, c. 16, s. 4 (1); 2021, c. 4, Sched. 6, s. 45 (1).

Idem, Director

(2) In this Act,

“the Director” means a Director appointed under section 5. R.S.O. 1990, c. E.19, s. 1 (2).

Idem, penalties

(3) A municipality that is convicted of an offence under this Act is liable to the penalty provided for a corporation convicted of the offence. R.S.O. 1990, c. E.19, s. 1 (3).

Health or safety

(4) 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. 2001, c. 17, s. 2 (2).

Section Amendments with date in force (d/m/y)

1992, c. 1, s. 22 - 27/04/1992; 1998, c. 35, s. 1 - 01/02/1999

2000, c. 26, Sched. F, s. 12 (1-3) - 06/12/2000

2001, c. 9, Sched. G, s. 5 (1) - 29/06/2001; 2001, c. 17, s. 2 (1, 2) - 01/12/2002

2002, c. 17, Sched. F, Table - 01/01/2003

2005, c. 12, s. 1 (1) - 13/06/2005; 2005, c. 12, s. 1 (2, 3) - 01/08/2007

2009, c. 12, Sched. G, s. 1 (1, 2) - 24/09/2009; 2009, c. 19, s. 67 (1) - 01/01/2010; 2009, c. 27, s. 1 - 24/04/2015

2010, c. 16, Sched. 7, s. 2 (1, 2) - 31/10/2011; CTS 20 SE 10 - 3

2016,...