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Brownfields Statute Law Amendment Act, 2001, S.O. 2001, c. 17 - Bill 56

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 56 and does not form part of the law.  Bill 56 has been enacted as Chapter 17 of the Statutes of Ontario, 2001.

Part I - Education Act Amendments

Part I of the Bill amends the Education Act.  The amendments are complementary to the amendments made to the Municipal Act by Part III of the Bill.

Part II - Environmental Protection Act Amendments

Part II of the Bill amends the Environmental Protection Act.  The amendments add two new Parts to the Act.

The proposed Part XV.1 of the Act provides for the establishment of an Environmental Site Registry.  An owner of property may file a record of site condition in the Registry if specified criteria are met.  An initial assessment (referred to as a “phase one environmental site assessment”) is required to determine the likelihood that contaminants have affected the property.  A more detailed assessment (referred to as a “phase two environmental site assessment”) may be required to determine the location and concentration of contaminants on the property.  If a phase two environmental site assessment is conducted in respect of any part of the property, a qualified person must certify in the record of site condition that the assessed property meets standards prescribed by regulation or that, in the case of specific contaminants, the assessed property meets standards specified in a risk assessment that has been accepted by the Director.  If the Director accepts a risk assessment, he or she may also issue a certificate of property use that requires the owner to take actions specified in the certificate or to refrain from using the property for a use specified in the certificate or from constructing a building specified in the certificate.

If a record of site condition is filed in the Environmental Site Registry, the Bill provides that certain types of orders specified by the Bill cannot be made against the owner of the property and certain other persons, subject to specified exceptions.

The proposed Part XV.1 would also prohibit certain specified changes of property use (e.g. from industrial use to residential use) unless a record of site condition has been filed in the Environmental Site Registry.

The proposed Part XV.2 of the Act contains special provisions that apply to municipalities, secured creditors, receivers, trustees in bankruptcy, fiduciaries and property investigators.  These provisions provide protection to these persons from the making of orders under the Act, subject to limitations and exceptions specified in the Bill.

Most of the other amendments made to the Act are complementary to the new Parts XV.1 and XV.2.

Part III - Municipal Act Amendments

Part III of the Bill amends the Municipal Act.  The amendments allow municipalities to pass by-laws providing for municipal tax assistance to assist with the cost of action taken to reduce the concentration of contaminants in order to meet the standards prescribed for filing a record of site condition in the Environmental Site Registry in accordance with the amendments made to the Environmental Protection Act by Part II of the Bill.  With the approval of the Minister of Finance, these by-laws may also apply to school taxes.

Part IV - Municipal Tax Sales Act Amendments

Part IV of the Bill amends the Municipal Tax Sales Act.  The amendments provide that, if a public tax sale of property fails to find a purchaser, the municipality may acquire the property, but is not required to do so.  If the municipality does not acquire the property within one year after the tax sale, the tax arrears certificate is deemed to be cancelled, although this does not prevent the registration of a new tax arrears certificate or relieve the taxpayer of any liability to pay taxes.  The amendments also provide that, if a public tax sale of property fails to find a purchaser, the municipality may enter the property and carry out an environmental site assessment for the purpose of assisting the municipality to determine whether it is desirable to acquire the property.

Part V - Ontario Water Resources Act Amendments

Part V of the Bill amends the Ontario Water Resources Act.  The amendments are analogous to some of the amendments made to the Environmental Protection Act by Part II of the Bill.

Part VI - Pesticides Act Amendments

Part VI of the Bill amends the Pesticides Act.  The amendments are analogous to some of the amendments made to the Environmental Protection Act by Part II of the Bill.

Part VII - Planning Act Amendments

Part VII of the Bill amends the Planning Act.  The amendments provide that municipalities may make grants or loans to tenants, as well as property owners, for the purpose of carrying out community improvement plans.  The total of the grants and loans made in respect of property and the tax assistance provided to the property under the amendments made to the Municipal Act by Part III of the Bill cannot exceed the cost of rehabilitating the property.  The amendments remove the requirement that the Minister of Municipal Affairs and Housing approve community improvement plans, although plans that provide for the making of grants or loans or the granting of tax assistance to businesses could not come into effect without the Minister’s approval.

Part VIII - Commencement and Short Title

Part VIII of the Bill provides that the Bill comes into force on a day to be named by proclamation and provides for the Bill’s short title.

 

 

chapter 17

An Act to encourage the revitalization of contaminated land and to make other amendments relating to environmental matters

Assented to November 2, 2001

Contents

Part

I

II

III

IV

V

VI

VII

VIII

 

Education Act Amendments

Environmental Protection Act Amendments

Municipal Act Amendments

Municipal Tax Sales Act Amendments

Ontario Water Resources Act Amendments

Pesticides Act Amendments

Planning Act Amendments

Commencement and Short title

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
EDUCATION ACT AMENDMENTS

1. (1) Clause (b) of the definition of “education funding” in subsection 234 (14) of the Education Act, as re-enacted by the Statutes of Ontario, 2000, chapter 25, section 45, is repealed and the following substituted:

(b) from taxes under Division B of this Act or Part XXII.3 of the Municipal Act, other than taxes for the purposes of,

(i) paying a board’s share of the costs of rebates, if any, under section 442.1, 442.2, 442.4, 442.5 or 442.6 of the Municipal Act,

(ii) paying a board’s share of the tax assistance provided under section 442.7 of the Municipal Act, or

(iii) paying rebates under section 257.2.1 or 257.12.3 of this Act,

(2) Subsection 257.11 (17) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 25, section 45, is repealed and the following substituted:

Amounts deemed to be education funding

(17) Amounts paid by the Minister under subsection (14) or (15) shall be deemed to be education funding within the meaning of subsection 234 (14), other than amounts paid for the purposes of,

(a) paying a board’s share of the costs of rebates, if any, under section 442.1, 442.2, 442.4, 442.5 or 442.6 of the Municipal Act;

(b) paying a board’s share of the tax assistance provided under section 442.7 of the Municipal Act; or

(c) paying rebates under section 257.2.1 or 257.12.3 of this Act.

(3) The definition of “tax rates for school purposes” in subsection 257.12 (1.1) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 25, section 45, is amended by adding the following clause:

(a.1) paying a board’s share of the tax assistance provided under section 442.7 of the Municipal Act, or

. . . . .

PART II
ENVIRONMENTAL PROTECTION ACT AMENDMENTS

2. (1) Subsection 1 (1) of the Environmental Protection Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 22, 1998, chapter 35, section 1 and 2000, chapter 26, Schedule F, section 12, is further amended by adding the following definitions:

“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”)

“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”)

“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”)

“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”)

“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”)

“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”)

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 22, 1998, chapter 35, section 1, 2000, chapter 26, Schedule F, section 12 and 2001, chapter 9, Schedule G, section 5, is further amended by adding the following subsection: 

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. 

(3) Clause 9 (4) (a) of the Act is amended by striking out “and any order or approval” and substituting “and any order, approval or certificate of property use”.

(4) Section 19 of the Act is repealed and the following substituted:

Successors and assigns

19. (1) A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Receivers and trustees

(3) A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.

Exception

(5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate.

Notice under subs. (5)

(7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations.

Holder

(8) For the purposes of this Act, a person who is bound by a certificate of property use or approval under this section shall be deemed to be the holder of the certificate or approval.

Index record

(9) The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders, approvals or certificates of property use are directed under this Act.

Expiry of order, etc.

(10) When an order, approval or certificate of property use has expired or is revoked or set aside, the Ministry shall note that fact in the index record.

Search of index record

(11) The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any order, approval or certificate of property use relating to that person.

(5) Clause 96 (1) (c) of the Act is repealed and the following substituted:

(c) in accordance with an approval, order, certificate of property use, requirement or direction by the Director under any other Part of this Act or by a Director or provincial officer under any other Act administered by the Minister, but such an approval, order, certificate of property use, requirement or direction shall not be contrary to the regulations.

(6) The definition of “environmental measures” in section 131 of the Act is amended by striking out “clauses 132 (1) (a) to (c)” and substituting “clauses 132 (1) (a) to (c) or 132 (1.1) (a) to (c)”.

(7) The definition of “financial assurance” in section 131 of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 34, is repealed and the following substituted:

“financial assurance” means one or more of,

(a) cash, in the amount specified in the approval, order or certificate of property use,

(b) a letter of credit from a bank, in the amount and terms specified in the approval, order or certificate of property use,

(c) negotiable securities issued or guaranteed by the Government of Ontario or the Government of Canada in the amount specified in the approval, order or certificate of property use,

(d) a personal bond accompanied by collateral security, each in the form, terms and amount specified in the approval, order or certificate of property use,

(e) the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in the form, terms and amount specified in the approval, order or certificate of property use,

(f) a bond of a guarantor, other than an insurer referred to in clause (e), accompanied by collateral security, each in the form, terms and amount specified in the approval, order or certificate of property use,

(g) an agreement, in the form and terms specified in the approval, order or certificate of property use, and

(h) an agreement, in the form and terms prescribed by the regulations; (“garantie financière”)

(8) Section 132 of the Act is amended by adding the following subsection:

Financial assurance for certificate of property use

(1.1) The Director may include in a certificate of property use a requirement that the person to whom the certificate is issued provide financial assurance to the Crown in right of Ontario for any one or more of,

(a) the performance of any action specified in the certificate of property use;

(b) the provision of alternate water supplies to replace those that the Director has reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by a contaminant on, in or under the property to which the certificate of property use relates; and

(c) measures appropriate to prevent adverse effects in respect of the property to which the certificate of property use relates.

(9) Subsections 132 (2) and (3) of the Act are repealed and the following substituted:

Changes in amount of financial assurance

(2) A requirement under subsection (1) or (1.1) may provide that the financial assurance may be provided, reduced or released in stages specified in the approval, order or certificate of property use.

Amendment of approval, order or certificate of property use

(3) The Director may amend an approval, order or certificate of property use to change a requirement as to financial assurance contained in the approval, order or certificate of property use.

(10) Section 133 of the Act is amended by adding the following subsection:

Same, certificate of property use

(3) Failure to provide financial assurance specified in a certificate of property use or in accordance with a stage specified in a certificate of property use is grounds for an order in writing by the Director prohibiting or restricting the use of the property to which the certificate of property use relates.

(11) Subsection 134 (1) of the Act is amended by striking out “in respect of a works” and substituting “in respect of a works or certificate of property use”.

(12) Subsection 134 (2) of the Act is amended by striking out “in respect of the works” at the end and substituting “in respect of the works or certificate of property use”.

(13) Subsection 136 (2) of the Act is amended by striking out “required by the approval or order” and substituting “required by the approval, order or certificate of property use”.

(14) Subsection 136 (3) of the Act is repealed and the following substituted:

Parties affected

(3) An order under this section shall be directed to,

(a) the person to whom the approval, order or certificate of property use was issued or any other person who is bound by the approval, order or certificate of property use; and

(b) any person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a), or any successor or assignee of a person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a).

(15) Subsection 139 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is further amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) issues a certificate of property use,

(16) Clauses 139 (2) (c) and (d) of the Act are repealed and the following substituted:

(c) alters the terms and conditions of a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit after it is issued; or

(d) imposes new terms and conditions on a certificate of approval or certificate of property use,

(17) Subsection 139 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is further amended by striking out “the person to whom the licence or permit or certificate of approval or provisional certificate of approval is issued” in the portion after clause (d) and substituting “the person to whom the licence, permit, certificate of approval, provisional certificate of approval or certificate of property use is issued”.

(18) Clause 142 (1) (a) of the Act is amended by striking out “the order, direction, term, condition, suspension, revocation or licence” and substituting “the order, certificate of property use, direction, term, condition, suspension, revocation or licence”.

(19) Subsection 142 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is further amended by striking out “the order, direction, term, condition, suspension, revocation or licence” and substituting “the order, certificate of property use, direction, term, condition, suspension, revocation or licence”.

(20) Subsection 143 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is repealed and the following substituted:

Tribunal may grant stay

(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a decision or order, other than,

(a) an order to monitor, record and report; or

(b) an order issued under section 168.8, 168.14 or 168.20.

(21) Subsection 147 (1) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7); or

. . . . .

(22) Subsection 147 (2) of the Act is repealed and the following substituted:

Notice of intent to cause things to be done

(2) The Director shall give notice of an intention to cause a thing to be done under subsection (1),

(a) to each person required by an order or decision made under this Act to do the thing; and

(b) if a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7), to the receiver or trustee in bankruptcy.

(23) The Act is amended by adding the following section:

Parts XV.1 and XV.2: Director may cause things to be done

148.1 (1) If, but for Part XV.1 or XV.2, the Minister, the Director or a provincial officer would be authorized by this Act to make an order requiring a person to do a thing, the Director may cause the thing to be done.

Same

(2) Subsection (1) applies even if the Director is authorized to make an order requiring another person to do the thing.

(24) Subsection 149 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 13, is amended by striking out “A person who is responsible for doing a thing under section 146, 147 or 148” and substituting “A person who is responsible for doing a thing under section 146, 147, 148 or 148.1”.

(25) Subsection 149 (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 13, is amended by striking out “for the purpose of doing a thing under section 146, 147 or 148” and substituting “for the purpose of doing a thing under section 146, 147, 148 or 148.1”.

(26) Section 150 of the Act is amended by adding the following subsections:

Same

(2.1) If the Minister or Director has caused any thing to be done under this Act in circumstances where, pursuant to subsection 19 (5) or 168.20 (7) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not required to do the thing, the Director may issue an order to the receiver or trustee in bankruptcy to pay the costs of doing the thing.

Same

(2.2) If an order to pay the costs of doing a thing is issued under subsection (1), (2) or (2.1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the order or decision that required the thing to be done arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative.

(27) Subsection 150 (3) of the Act is amended by striking out “under subsection (1) or (2)” in the portion before clause (a) and substituting “under subsection (1), (2) or (2.1)”.

(28) Section 152 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 12, is further amended by adding the following subsection:

Same, receiver or trustee in bankruptcy

(2) For the purpose of subsection (1), if the order under subsection 150 (1) or (2.1) was issued to a receiver or trustee in bankruptcy,

(a) the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and

(b) the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 19 (5) or 168.20 (7), the receiver or trustee in bankruptcy was not required to do.

(29) Section 155 of the Act is repealed and the following substituted:

Costs may be recovered from deposit or financial assurance

155. Where an order to pay costs is directed to a person who has given a deposit under section 35 or is in respect of works or property for which financial assurance is required under Part XII, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.

(30) Subclause 156 (1) (d) (i) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 14, is amended by striking out “provisional certificate of approval, program approval” and substituting “provisional certificate of approval, certificate of property use, program approval”.

(31) Subclause 156 (1) (e) (i) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 14, is amended by striking out “provisional certificate of approval, program approval” and substituting “provisional certificate of approval, certificate of property use, program approval”.

(32) Subsection 156 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 14, is amended by adding the following clause:

(e.1) entering any property for which a record of site condition has been filed in the Environmental Site Registry established under section 168.3 for the purpose of sampling, testing or examining anything referred to in the record of site condition;

(33) Clause 157 (1) (c) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 16, is repealed and the following substituted:

(c) a term or condition of a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit under this Act.

(34) Section 165 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 25, is amended by striking out “certificate of approval or provisional certificate of approval” wherever it occurs and substituting in each case “certificate of approval, provisional certificate of approval or certificate of property use”.

(35) Section 165.1 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 1, section 33, is amended by adding the following subsections:

Copies or extracts

(2) The provincial officer may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record.

Records in electronic form

(3) If a record is retained in electronic form, the provincial officer may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both.

(36) The Act is amended by adding the following Part:

PART XV.1
RECORDS OF SITE CONDITION

Definitions

168.1 In this Part,

“building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”)

“construct” has the same meaning as in the Building Code Act, 1992; (“construire”)

“owner” includes a person prescribed by the regulations; (“propriétaire”)

“phase one environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the likelihood that one or more contaminants have affected all or part of the property; (“évaluation environnementale de site de phase I”)

“phase two environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the location and concentration of one or more contaminants in the natural environment; (“évaluation environnementale de site de phase II”)

“qualified person” means a person who meets the qualifications prescribed by the regulations; (“personne compétente”)

“Registry” means the Environmental Site Registry; (“Registre”)

“risk assessment” means an assessment of risks prepared in accordance with the regulations by or under the supervision of a qualified person. (“évaluation des risques”)

Interpretation

168.2 Except as provided in subsections 168.3 (3) and 168.9 (2), this Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part.

Environmental Site Registry

168.3 (1) The Director shall establish, maintain and operate a registry known in English as the Environmental Site Registry and in French as Registre environnemental des sites.

Purposes

(2) The purposes of the Registry are:

1. To allow persons to file records of site condition for the purpose of this Part.

2. To facilitate public access to information contained in records of site condition that have been filed under this Part and to other information filed in accordance with this Act and the regulations.

3. Such other purposes as are prescribed.

Protection from liability

(3) Despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a Crown employee within the meaning of the Public Service Act, a person or body to whom powers and duties of the Director are delegated under section 168.9 or an employee of a person or body to whom powers and duties of the Director are delegated under section 168.9 arising from any inaccuracy contained in a record of site condition that is filed in the Registry under this Act.

Filing record of site condition

168.4 (1) An owner of property may file a record of site condition in the Registry in respect of the property if all of the following criteria are satisfied:

1. A qualified person has certified in the record of site condition that a phase one environmental site assessment of the property has been conducted.

2. A qualified person has certified in the record of site condition that,

i. a phase two environmental site assessment of all or part of the property was conducted with respect to one or more contaminants, or

ii.  as of the certification date, no phase two environmental site assessment is required by the regulations for any part of the property and, in the opinion of the qualified person, it is not necessary for any other reason to conduct a phase two environmental site assessment for any part of the property.

3. If a phase two environmental site assessment was conducted but for only part of the property, a qualified person has certified in the record of site condition that, as of the certification date,

i. no phase two environmental site assessment was required by the regulations for any other part of the property, and

ii. in the opinion of the qualified person, it was not necessary for any other reason to conduct a phase two environmental site assessment for any other part of the property.

4. If a phase two environmental site assessment was conducted for all or part of the property, a qualified person has certified in the record of site condition that,

i. as of the certification date, the property for which the phase two environmental site assessment was conducted meets,

A. the applicable full depth background site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person,

B. the applicable full depth generic site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, or

C. the applicable stratified site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, and

ii. for each contaminant excepted by the qualified person from the certification under subparagraph i,

A. a risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted,

B. the Director has accepted the risk assessment under clause 168.5 (1) (a), and

C. as of the certification date, the property for which the phase two environmental site assessment was conducted meets the standards specified in the risk assessment for the contaminant.

5. The record of site condition contains everything required by subsection (2) and has been completed in accordance with the regulations.

Contents of record of site condition

(2) The person who files a record of site condition in respect of a property shall ensure that, in accordance with the regulations, the record contains the following:

1. A description of the property.

2. The name of the person filing the record of site condition and the names of any other owners of the property. 

3. The type of property use for which the record is filed.

4. Which standards prescribed by the regulations were applied for the purpose of the record of site condition.

5. A description of any soil removals or other action taken to reduce the concentration of contaminants on, in or under the property.

6. For each contaminant for which sampling and analysis has been performed, the maximum known concentration of the contaminant on, in or under the property as of the certification date.

7. A statement indicating whether a certificate of property use has been issued in respect of the property.

8. A list of all reports relied on by qualified persons in making the certifications referred to in subsection (1).

9. Such other certifications, information and documents as are prescribed by the regulations.

Acknowledgment of filing

(3) If a record of site condition is filed in the Registry under this section, the Director shall promptly give the person who filed the record of site condition a written acknowledgment in the form approved by the Minister.

Date of filing

(4) A record of site condition that is filed in the Registry under this section shall be deemed to have been filed in the Registry on the date specified in the acknowledgment given under subsection (3).

Retention of reports

(5) A qualified person who relied on a report in making a certification referred to in subsection (1) shall retain a copy of the report for the period prescribed by the regulations.

Transition

(6) If, pursuant to the Ministry publication entitled “Guideline for Use at Contaminated Sites in Ontario”, originally dated June 1996 and later revised, a record of site condition in respect of a property was submitted to the Ministry before this section came into force, the owner of the property may, despite subsections (1) and (2), file the record of site condition in the Registry if both of the following criteria are satisfied:

1. The Ministry has acknowledged in writing receipt of the record of site condition.

2. The owner of the property files a notice in the Registry certifying that the requirements prescribed by the regulations have been complied with.

Same

(7) If a record of site condition is filed in the Registry under subsection (6),

(a) the notice referred to in paragraph 2 of subsection (6) shall be deemed to be part of the record of site condition;

(b) the land use specified in the record of site condition shall be deemed to have been specified as the type of property use under paragraph 3 of subsection (2); and

(c) the record of site condition shall be deemed to contain,

(i) a certification under sub-subparagraph 4 i A of subsection (1), if the record of site condition indicates that a background assessment or restoration approach was used,

(ii) a certification under sub-subparagraph 4 i B of subsection (1), if the record of site condition indicates that a generic full depth assessment or restoration approach was used,

(iii) a certification under sub-subparagraph 4 i C of subsection (1), if the record of site condition indicates that a generic stratified assessment or restoration approach was used, or

(iv) a certification under subparagraph 4 ii of subsection (1), if the record of site condition indicates that a site specific risk assessment approach was used. 

Director’s response to risk assessment

168.5 (1) If an owner of property submits a risk assessment relating to a contaminant and the property to the Director, the Director shall, within the time prescribed by the regulations,

(a) give the person notice in writing that the Director accepts the risk assessment; or

(b) give the person notice in writing that the Director does not accept the risk assessment for reasons specified by the Director in the notice.

Validity of decision

(2) A decision of the Director to accept or not accept a risk assessment is not invalid solely on the ground that the decision was not made within the time prescribed by the regulations.

Certificate of property use

168.6 (1) If the Director accepts a risk assessment relating to a property, he or she may, when giving notice under clause 168.5 (1) (a), issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things:

1. Take any action specified in the certificate that, in the Director’s opinion, is necessary to prevent, eliminate or ameliorate any adverse effect on the property, including installing any equipment, monitoring any contaminant or recording or reporting information for that purpose.

2. Refrain from using the property for any use specified in the certificate or from constructing any building specified in the certificate on the property.

Restriction

(2) A certificate of property use shall not require an owner of property to take any action that would have the effect of reducing the concentration of a contaminant on, in or under the property to a level below the level that is required to meet the standards specified for the contaminant in the risk assessment.

Revocation or amendment

(3) The Director may, on his or her own initiative or on application by the owner of the property in respect of which a certificate has been issued under subsection (1),

(a) alter any terms and conditions in the certificate or impose new terms and conditions; or

(b) revoke the certificate.

Occupants

(4) If a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property,

(a) the owner of the property shall ensure that a copy of the provision is given to every occupant of the property;

(b) the provision applies, with necessary modifications, to every occupant of the property who receives a copy of the provision; and

(c) the owner of the property shall ensure that every occupant of the property complies with the provision.

Consequences of filing record of site condition

168.7 (1) If a record of site condition is filed in the Registry in accordance with section 168.4, no order shall be issued to any of the following persons under section 7, 8, 12, 17, 18, 97, 157 or 157.1 in respect of a contaminant that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date:

1. The person who filed the record of site condition or a subsequent owner of the property.

2. A person who is in occupation of the property or who was in occupation of the property at any time after the record of site condition was filed.

3. A person who has charge, management or control of the property or who had charge, management or control of the property at any time after the record of site condition was filed.

4. A person who meets the requirements prescribed by the regulations and who, before the certification date,

i. owned the property,

ii. was in occupation of the property, or

iii. had charge, management or control of the property.

False or misleading information

(2) Subsection (1) does not apply if the record of site condition contains false or misleading information.

Contaminants that move to other property

(3) Subsection (1) does not apply if, after the certification date, any of the contaminant moved from the property to which the record of site condition relates to another property. 

Different use

(4) If the actual use of the property is different from the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition, subsection (1) does not apply to a person who causes or permits the actual use unless,

(a) the record of site condition did not contain any certification under subparagraph 4 ii of subsection 168.4 (1);

(b) all of the full depth background site condition standards that are applicable under the regulations to the actual use are less stringent than the full depth background site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i A of subsection 168.4 (1);

(c) all of the full depth generic site condition standards that are applicable under the regulations to the actual use are less stringent than the full depth generic site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i B of subsection 168.4 (1); and

(d) all of the stratified site condition standards that are applicable under the regulations to the actual use are less stringent than the stratified site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i C of subsection 168.4 (1).

Contravention of certificate of property use, etc.

(5) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a term or condition of,

(a) a certificate of property use; or

(b) an order made under this Act in respect of risk management measures described in a record of site condition filed in the Registry under subsection 168.4 (6). 

Contravention of soil management or disposal regulations

(6) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a provision of a regulation made under clause 176 (1) (g) or 176 (10) (m).

Consent order

(7) Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order.

Emergencies relating to old contaminants

168.8 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 with respect to a property, the Director may issue an order described in subsection (2) to the owner of the property if the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(2) An order under subsection (1) may only require the owner, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that there is no danger to the health or safety of any person.

Same

(3) The directions referred to in subsection (2) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(4) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based.

Notice of order to be filed in Registry

(5) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations.

Notice of compliance with order

(6) If the Director is satisfied that an order under subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations.

Filing of new record of site condition

(7) If the Director is satisfied that an order under subsection (1) has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (6) does not apply until a new record of site condition is filed in accordance with section 168.4.

Delegation agreement

168.9 (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the Director’s powers and duties relating to the establishment, maintenance and operation of the Registry, including the Director’s duties under subsection 168.4 (3).

Contents of agreement

(2) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and such other provisions as the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.

Regulation

(3) A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.

Revocation of delegation

(4) The Minister may by regulation revoke a delegation if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so.

Effect of regulation

(5) The delegation is revoked by a regulation made under subsection (4) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.

Notice

(6) The Minister may give the delegate such notice of the intention to make a regulation under subsection (4) as the Minister considers reasonable in the circumstances.

Other remedies not affected

(7) The power to revoke a delegation is in addition to and does not bar or affect the Minister’s right to exercise any other remedy under the delegation agreement or at law.

Obligations of delegate

(8) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.

Minister may appoint directors

(9) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for such terms of office as the Minister considers appropriate.

Remuneration, expenses of Ministerial appointees

(10) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.

Delegate not a Crown agency

(11) A delegate is not an agent of Her Majesty for any purpose, despite the Crown Agency Act, and shall not hold itself out as such.

Crown not liable for delegate’s acts

(12) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty delegated under this section or for an alleged neglect or default in the execution of a power or duty delegated under this section; or

(b) for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under this section.

Annual report

(13) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.

Additional reports

(14) A delegate shall provide additional reports to the Minister as may be required by the delegation agreement or requested by the Minister.

Regulations

(15) The Minister may make regulations,

(a) prescribing the powers and duties of the Director that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership or corporation to whom such powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.

General or particular

(16) A regulation made under subsection (15) may be general or particular in its application.

Definition

(17) In this section,

“delegation agreement” means an agreement under subsection (1).

(37) The Act is amended by adding the following section:

Prohibition on certain changes of use

168.3.1 (1) Subject to subsection (2), a person shall not,

(a) change the use of a property from industrial or commercial use to residential or parkland use;

(b) change the use of a property in a manner prescribed by the regulations; or

(c) construct a building if the building will be used in connection with a change of use that is prohibited by clause (a) or (b).

Exception

(2) Subsection (1) does not apply if,

(a) a record of site condition has been filed in the Registry in respect of the property under section 168.4; and

(b) the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition is the use to which the property is changed under clause (1) (a) or (b).

(38) Section 168.6 of the Act, as enacted by subsection (36), is amended by adding the following subsections:

Notice to prescribed persons

(5) If a certificate of property use is issued, altered or revoked under this section, the Director shall give notice of the certificate, alteration or revocation to the persons prescribed by the regulations.

Prohibition on construction or use

(6) Despite any other Act, if a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property, no permit, licence, approval or other instrument shall be issued to any person, under any provision prescribed by the regulations, that would authorize the person to use the property for the specified use, to construct the specified building or to construct a building that will be used for the specified use.

(39) The Act is amended by adding the following Part:

PART XV.2
SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS

Interpretation

Definitions

168.10 In this Part,

“contaminant” means,

(a) a contaminant as defined in section 1, or

(b) waste as defined in Part V; (“contaminant”)

“fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”)

“non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality.  (“bien non municipal”)

Interpretation

168.11 This Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part.

Municipalities

Actions taken by municipalities

168.12 (1) A municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1).

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property.

2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means, or

iii. ensure that the property is insured under a contract of insurance.

3. Any action taken on non-municipal property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a contaminant on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a contaminant on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a contaminant on, in or under the property.

4. Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount.

5. Any action taken on non-municipal property under or for the purpose of the Municipal Tax Sales Act.

6. Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations.

7. Any other action prescribed by the regulations.

Ownership under the Municipal Tax Sales Act

168.13 (1) If a municipality is the owner of property by virtue of the registration of a notice of vesting under the Municipal Tax Sales Act, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under any provision of this Act to the municipality or a municipal representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

Exception

(2) Subsection (1) does not apply to an order under paragraph 4, 5 or 6 of subsection 97 (1).

Consent order

(3) Subsection (1) does not apply to an order issued with the written consent of the municipality or municipal representative.

Time period

(4) Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the fifth anniversary of that day.

Extension of period

(5) The Director may extend the period referred to in subsection (4), before or after it expires, on such terms and conditions as he or she considers appropriate.

Exceptional circumstances

168.14 (1) Despite section 168.13, the Director may issue an order described in subsection (3) to a municipality if the municipality is the owner of property by virtue of the registration of a notice of vesting under the Municipal Tax Sales Act and the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Restriction if record of site condition

(2) If a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property, no order shall be issued under subsection (1) unless the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(3) An order under subsection (1) may only require the municipality, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property.

Same

(4) The directions referred to in subsection (3) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(5) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist.

When notice of order filed in Registry

(6) The Director shall file notice of an order under subsection (1) in the Environmental Site Registry in accordance with the regulations if a record of site condition has been filed in the Registry under section 168.4 with respect to the property.

Notice of compliance with order

(7) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations.

Filing of new record of site condition

(8) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (7) does not apply until a new record of site condition is filed in accordance with section 168.4.

Notice of prescribed circumstances

168.15 (1) If, in the course of or as a result of taking any action described in subsection 168.12 (2), a municipality or municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations.

Same

(2) If a municipality became the owner of property by virtue of the registration of a notice of vesting under the Municipal Tax Sales Act and, during the period described in subsection 168.13 (4), the municipality or a municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations.

Reports of investigations of contaminants

168.16 On the written request of the Director, a municipality shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the municipality and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.

Secured Creditors, Receivers and Trustees in Bankruptcy

Actions taken by secured creditors

168.17 (1) A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1).

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property.

2. Any action taken for the purpose of preserving or protecting the secured property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means,

iii. ensure that the property is insured under a contract of insurance, or

iv. pay taxes due or collect rents owing with respect to the property.

3. Any action taken on the secured property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a contaminant on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a contaminant on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a contaminant on, in or under the property.

4. Any other action prescribed by the regulations.

Secured creditor becoming owner by foreclosure

168.18 (1) If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the secured creditor or secured creditor representative; or

(b) circumstances prescribed by the regulations.

Consent order

(2) Subsection (1) does not apply to an order issued with the written consent of the secured creditor or secured creditor representative.

Time period

(3) Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the fifth anniversary of that day.

Extension of period

(4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate.

Receivers and trustees in bankruptcy

168.19 (1) The Minister, the Director or a provincial officer shall not issue any order under any provision of this Act to a receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative with respect to the property held or administered by the receiver or trustee in bankruptcy unless the order arises from,

(a) the gross negligence or wilful misconduct of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative; or

(b) circumstances prescribed by the regulations.

Consent order

(2) Subsection (1) does not apply to an order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative.

Exceptional circumstances

168.20 (1) Despite section 168.18, the Director may issue an order described in subsection (4) to a secured creditor who has become the owner of the secured property by virtue of a foreclosure if the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Same

(2) Despite section 168.19, the Director may issue an order described in subsection (4) to a receiver or trustee in bankruptcy if the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property held or administered by the receiver or trustee in bankruptcy, any of the circumstances listed in subsection (1) exist.

Restriction if record of site condition

(3) If a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property, no order shall be issued under subsection (1) or (2) unless the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(4) An order under subsection (1) or (2) may only require the secured creditor, receiver or trustee in bankruptcy, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property. 

Same

(5) The directions referred to in subsection (4) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(6) An order under subsection (1) or (2) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist.

Exception

(7) A receiver or trustee in bankruptcy is not required to comply with an order under subsection (2) if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and,

(a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Notice under subs. (7)

(8) Notice under clause (7) (a) or (b) must be given in the manner prescribed by the regulations.

When notice of order filed in Registry

(9) The Director shall file notice of an order under subsection (1) or (2) in the Environmental Site Registry in accordance with the regulations if a record of site condition has been filed in the Registry under section 168.4 with respect to the property.

Notice of compliance with order

(10) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations.

Filing of new record of site condition

(11) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (10) does not apply until a new record of site condition is filed in accordance with section 168.4. 

Notice of prescribed circumstances

168.21 (1) If, in the course of or as a result of taking any action described in subsection 168.17 (2), a secured creditor or secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations.

Same

(2) If a secured creditor became the owner of the secured property by virtue of a foreclosure and, during the period described in subsection 168.18 (3), the secured creditor or a secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations.

Same

(3) If a receiver, trustee in bankruptcy, receiver representative or trustee in bankruptcy representative becomes aware, during the period that the receiver or trustee in bankruptcy holds or administers property, of circumstances prescribed by the regulations, the receiver or trustee in bankruptcy shall give notice to a provincial officer in the manner prescribed by the regulations.

Reports of investigations of contaminants

168.22 On the written request of the Director, a secured creditor, receiver or trustee in bankruptcy shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the secured creditor, receiver or trustee in bankruptcy and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.

Fiduciaries

Obligations of fiduciaries

168.23 If the Minister, the Director or a provincial officer issues an order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative.

Notice of prescribed circumstances

168.24 If, in the course of or as a result of exercising or performing the fiduciary’s powers or duties with respect to fiduciary property, a fiduciary or fiduciary representative becomes aware of circumstances prescribed by the regulations, the fiduciary shall give notice to a provincial officer in the manner prescribed by the regulations.

Reports of investigations of contaminants

168.25 On the written request of the Director, a fiduciary shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the fiduciary and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property.

Investigations of Property

Investigations of property

168.26 A person who conducts, completes or confirms an investigation in relation to property is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1).

(40) Subsection 174 (2) of the Act is amended by striking out “certificate of approval, licence, permit or direction” in the portion after clause (i) and substituting “certificate of approval, certificate of property use, licence, permit or direction”.

(41) Clause (a) of the definition of “official document” in subsection 175 (1) of the Act is repealed and the following substituted:

(a) an approval, consent, licence, notice, permit, order, return or certificate of approval, certificate of property use or other certificate under this Act or the regulations,

(42) Clause 175.1 (f) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 3, is amended by striking out “certificates of approval, provisional certificates of approval, permits and licences” and substituting “certificates of approval, provisional certificates of approval, certificates of property use, permits and licences”.

(43) Subsection 176 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 7, section 4, is further amended by adding the following clause:

(g) governing the disposal of soil, rock or related material from property;

(44) Clause 176 (8) (d) of the Act is amended by striking out “in accordance with an approval, licence, permit, order or regulation under this Act” and substituting “in accordance with an approval, licence, permit, order, certificate of property use or regulation under this Act”.

(45) Subsection 176 (9) of the Act is amended by striking out “classes of approvals or orders” and substituting “classes of approvals, orders or certificates of property use”.

(46) Section 176 of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 34, 1997, chapter 7, section 4, 1997, chapter 30, Schedule B, section 23 and 1998, chapter 35, section 31, is further amended by adding the following subsection:

Regulations relating to Part XV.1

(10) The Lieutenant Governor in Council may make regulations relating to Part XV.1,

(a) governing the establishment, operation and maintenance of the Registry, including the information that may be filed in the Registry and the Director’s powers and duties relating to the establishment, operation and maintenance of the Registry;

(b) governing the conduct of phase one environmental site assessments;

(c) prescribing circumstances in which phase two environmental site assessments are required;

(d) governing the conduct of phase two environmental site assessments;

(e) prescribing the qualifications of qualified persons, including requiring approval of qualified persons by a person or body specified in the regulations and governing the approval process, requiring the payment of fees in respect of any approval required by the regulations, governing the revocation or suspension of any approval required by the regulations, requiring qualified persons to carry insurance specified by the regulations and delegating to a person or body specified in the regulations any power to make regulations under this clause;

(f) governing the form, content and completion of records of site condition;

(g) governing the determination of the certification date applicable to a record of site condition;

(h) prescribing full depth background site condition standards, full depth generic site condition standards and stratified site condition standards for property, including standards related to maximum contaminant amounts, concentrations or levels;

(i) governing the determination of which full depth background site condition standards, full depth generic site condition standards or stratified site condition standards are applicable to a property;

(j) prescribing the methods to be used in determining whether property meets standards prescribed by the regulations or standards specified in a risk assessment;

(k) governing the preparation of risk assessments, the form and content of risk assessments, and procedures relating to the submission of risk assessments to the Director under subsection 168.5 (1);

(l) prescribing a dispute resolution system, including mediation and conciliation, that may be used in connection with risk assessments that are submitted to, but not accepted by, the Director under subsection 168.5 (1);

(m) governing the management of soil on property for which a record of site condition has been filed in the Registry, if the record of site condition contained a certification under sub-subparagraph 4 i C of subsection 168.4 (1) or subparagraph 4 ii of subsection 168.4 (1);

(n) governing the filing in the Registry of notices under section 168.8;

(o) defining any word or expression used in Part XV.1 that is not already defined;

(p) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of Part XV.1.

(47) Clause 182.1 (1) (c) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34  and amended by 2000, chapter 22, section 1, is further amended by striking out “certificate of approval or of a provisional certificate of approval” and substituting “certificate of approval, provisional certificate of approval or certificate of property use”.

(48) Subsection 183 (1) of the Act is amended by striking out “any direction, order, approval, notice or permit, made, granted, given, served or issued by the Minister or the Director” and substituting “any direction, order, certificate of property use, approval, notice or permit, made, granted, given, served or issued by the Minister, the Director or a provincial officer”.

(49) Subsection 186 (3) of the Act is amended by striking out “certificate of approval or of a provisional certificate of approval” and substituting “certificate of approval, provisional certificate of approval or certificate of property use”.

(50) Section 197 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 43, is repealed and the following substituted:

Disclosure of orders and decisions

197. (1) A person who has authority under this Act to make an order or decision affecting real property also has authority to make an order requiring any person with an interest in the property, before dealing with the property in any way, to give a copy of the order or decision affecting the property to every person who will acquire an interest in the property as a result of the dealing.

Registration of requirement

(2) A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property.

Same

(3) A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the real property.

Dealings voidable

(4) A dealing with real property by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the order or decision in accordance with the requirement.

Registration of withdrawal of requirement

(5) A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property.

Same

(6) On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement.

Same

(7) Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement.

Transition

(8) This section, as it read immediately before the day subsection 2 (50) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day.

PART III
MUNICIPAL ACT AMENDMENTS

3. (1) Subsection 111 (2) of the Municipal Act is amended by striking out “under subsection 28 (6) or (7) of the Planning Act” and substituting “under section 442.7 or under subsection 28 (6) or (7) of the Planning Act”.

(2) The Act is amended by adding the following section:

Definitions

442.7 (1) In this section,

“community improvement plan” and “community improvement project area” have the same meanings as in subsection 28 (1) of the Planning Act; (“plan d’améliorations communautaires”, “zone d’améliorations communautaires”)

“development period” means, with respect to an eligible property, the period of time starting on the date the rehabilitation period ends and ending on the earlier of,

(a) the date specified in the by-law made under subsection (3), or

(b) the date that the tax assistance provided for the property equals the sum of,

(i) the cost of any action taken to reduce the concentration of contaminants on, in or under the property to permit a record of site condition to be filed in the Environmental Site Registry under section 168.4 of the Environmental Protection Act, and

(ii) the cost of complying with any certificate of property use issued under section 168.6 of the Environmental Protection Act; (“période d’aménagement”)

“eligible property” means property for which a phase two environmental site assessment has been conducted,

(a) that is included under section 28 of the Planning Act in a community improvement project area for which a community improvement plan is in effect containing provisions in respect of tax assistance under this section, and

(b) that, as of the date the phase two environmental site assessment was completed, did not meet the standards that must be met under subparagraph 4 i of subsection 168.4 (1) of the Environmental Protection Act to permit a record of site condition to be filed under that subsection in the Environmental Site Registry; (“bien admissible”)

“lower-tier municipality” has the same meaning as in section 361.1; (“municipalité de palier inférieur”)

“municipality” has the same meaning as in section 361.1; (“municipalité”)

“phase two environmental site assessment” has the same meaning as in Part XV.1 of the Environmental Protection Act;  (“évaluation environnementale de site de phase II”)

“rehabilitation period” means, with respect to an eligible property, the period of time starting on the date that tax assistance begins to be provided under this section for the property and ending on the earliest of,

(a) the date that is 18 months after the date that the tax assistance begins to be provided,

(b) the date that a record of site condition for the property is filed in the Environmental Site Registry under section 168.4 of the Environmental Protection Act, and

(c) the date that the tax assistance provided for the property equals the sum of,

(i) the cost of any action taken to reduce the concentration of contaminants on, in or under the property to permit a record of site condition to be filed in the Environmental Site Registry under section 168.4 of the Environmental Protection Act, and

(ii) the cost of complying with any certificate of property use issued under section 168.6 of the Environmental Protection Act; (“période de réhabilitation”)

“single-tier municipality” means a municipality that is not an upper-tier municipality or a lower-tier municipality; (“municipalité à palier unique”)

“tax assistance” means,

(a) if a by-law made under this section provides for the cancellation of taxes levied on eligible property, the taxes for municipal and school purposes that are cancelled on the property during the rehabilitation period and the development period of the property pursuant to the by-law, and

(b) if a by-law made under this section provides that the taxes shall not be increased on eligible property, the difference between,

(i) the amount of taxes for municipal and school purposes that would have been levied on the property during the rehabilitation period and the development period of the property in the absence of the by-law, and

(ii) the amount of taxes for municipal and school purposes that are levied on the property during the rehabilitation period and the development period of the property; (“aide fiscale”)

“upper-tier municipality” has the same meaning as in section 361.1. (“municipalité de palier supérieur”)

Cancellation, etc., of taxes

(2) Subject to subsection (6), the council of a local municipality may pass a by-law providing for the cancellation of all or a percentage of the taxes levied on eligible property for municipal and school purposes during the rehabilitation period of the property, or providing that the taxes on the property shall not be increased during the rehabilitation period of the property, on such conditions as the municipality may determine.

Same

(3) Subject to subsection (6), if the council of a local municipality has passed a by-law under subsection (2), the council may also pass a by-law providing for the cancellation of all or a percentage of the taxes levied on eligible property for municipal and school purposes  during the development period of the property, or providing that the taxes shall not be increased on the property during the development period of the property, on such conditions as the municipality may determine.

Notice to upper-tier municipality, etc.

(4) If the council of a lower-tier municipality intends to pass a by-law under subsection (2) or (3), it shall give a copy of the proposed by-law to the council of the upper-tier municipality and the council of the upper-tier municipality may, by resolution, agree that the by-law may also provide for the cancellation of all or a percentage of the taxes levied for upper-tier purposes or that the taxes levied for upper-tier purposes shall not be increased, and the by-law so agreed to by the council of the upper-tier municipality and passed by the council of the local municipality is binding on the upper-tier municipality.

Notice to Minister of Finance

(5) If the council of a local municipality intends to pass a by-law under subsection (2) or (3), it shall give the Minister of Finance the following information:

1. A copy of the proposed by-law.

2. If a copy of the proposed by-law was given to the council of an upper-tier municipality under subsection (4) and the council of the upper-tier municipality has agreed that the by-law may also provide for the cancellation of all or a percentage of the taxes levied for upper-tier purposes or that the taxes levied for upper-tier purposes shall not be increased, a copy of the resolution of the council of the upper-tier municipality.

3. An estimate of how much the tax assistance to be provided under the by-law will cost the local municipality.

4. The tax rates currently applicable to the eligible property and its assessment and property class.

5. The taxes currently levied on the eligible property for municipal purposes and for school purposes.

Agreement of Minister of Finance

(6) A by-law made under subsection (2) or (3) does not apply to taxes for school purposes unless, before the by-law is passed, it is approved in writing by the Minister of Finance and, in giving approval, the Minister of Finance may require that the by-law contain such conditions or restrictions with respect to taxes for school purposes as he or she considers appropriate.

Copy of by-law for Minister of Finance

(7) If the council of a local municipality passes a by-law under subsection (2) or (3), it shall, within 30 days, give a copy of the by-law to the Minister and to the Minister of Finance.

Application by owner of an eligible property

(8) The owner of an eligible property may apply to the local municipality to receive tax assistance and shall provide to the municipality such information as the municipality may require.

Approval by municipality

(9) Upon approval of an application made under subsection (8), the local municipality shall advise the owner of the eligible property of the commencement date of the tax assistance and provide the owner with an estimate of the maximum amount of the tax assistance for the property during the rehabilitation period of the property.

Same

(10) If the council of a local municipality has passed a by-law under subsection (3), the local municipality shall provide the owner with an estimate of the maximum amount of the tax assistance for the property during the development period of the property.

Notice to the Minister of Finance

(11) The local municipality shall, within 30 days after providing the owner of eligible property with information under subsection (9) or (10), provide a copy of the information to the Minister of Finance, along with such other information as may be prescribed by the regulations under subsection (27).

Tax cancellation for portion of a year

(12) If the tax assistance provided with respect to a property under this section is for a portion of a taxation year, the amount of the tax assistance shall apply only to that portion of the year, and the taxes otherwise payable shall apply to the other portion of the year.

Sharing costs, if by-law under subs. (2)

(13) If a by-law is passed under subsection (2) by the council of a single-tier municipality, the amount of the tax assistance shall be shared by the municipality and the school boards that share in the revenues from the taxes on the property affected by the by-law in the same proportion that tax assistance is provided under the by-law.

Same

(14) If a by-law is passed under subsection (2) by the council of a lower-tier municipality and the by-law applies to the upper-tier municipality, the amount of the tax assistance shall be shared by the municipalities and the school boards that share in the revenue from the taxes on the property affected by the by-law in the same proportion that tax assistance is provided under the by-law.

Same

(15) If a by-law is passed under subsection (2) by the council of a lower-tier municipality and the by-law does not apply to the upper-tier municipality, the amount of the tax assistance shall be shared by the lower-tier municipality and the school boards that share in the revenue from the taxes on the property affected by the by-law in the same proportion that the tax assistance is provided under the by-law, but the taxes for upper-tier purposes shall not be affected.

Same

(16) Despite subsections (13), (14) and (15), if a by-law made under subsection (2) does not apply to taxes for school purposes, the amount of the tax assistance does not affect the amount of taxes for school purposes to be paid to the school boards.

Sharing costs, if by-law under subs. (3)

(17) If a by-law is passed under subsection (3) by the council of a single-tier municipality, the amount of the tax assistance shall be shared by the municipality and the school boards that share in the revenues from the taxes on the property affected by the by-law in the same proportion that tax assistance is provided under the by-law.

Same

(18) If a by-law is passed under subsection (3) by the council of a lower-tier municipality and the by-law applies to the upper-tier municipality, the amount of the tax assistance shall be shared by the municipalities and the school boards that share in the revenue from the taxes on the property affected by the by-law in the same proportion that tax assistance is provided under the by-law.

Same

(19) If a by-law is passed under subsection (3) by the council of a lower-tier municipality and the by-law does not apply to the upper-tier municipality, the amount of the tax assistance shall be shared by the lower-tier municipality and the school boards that share in the revenue from the taxes on the property affected by the by-law in the same proportion that the tax assistance is provided under the by-law, but the taxes for upper-tier purposes shall not be affected.

Same

(20) Despite subsections (17), (18) and (19), if a by-law made under subsection (3) does not apply to taxes for school purposes, the amount of the tax assistance does not affect the amount of taxes for school purposes to be paid to the school boards.

Refund of credits or tax

(21) If an application made under subsection (8) is approved with respect to a property and the taxes for which the tax assistance is given have been paid, the local municipality may refund the taxes to the extent required to provide the tax assistance or may credit the amount to be refunded to an outstanding tax liability of the owner of the eligible property with respect to the property.

Collector’s roll

(22) The treasurer of the local municipality shall alter the collector’s roll, in accordance with the tax assistance to be provided for an eligible property pursuant to the approval of an application made under subsection (8).

Notice to municipality

(23) If the owner of an eligible property files a record of site condition with respect to the property in the Environmental Site Registry under section 168.4 of the Environmental Protection Act, the owner shall, within 30 days, notify the local municipality of the filing and, within 30 days after receiving the notice, the municipality shall advise the Minister of Finance of the filing.

Repeal or amendment of by-law

(24) The council of a local municipality that has passed a by-law under subsection (2) or (3) may repeal or amend the by-law, but the repeal or amendment does not affect any property in respect of which an application made under subsection (8) has been approved.

Same

(25) Subsections (4), (5), (6) and (7) apply, with necessary modifications, to the amendment of a by-law passed under subsection (2) or (3), and subsections (4) and (7) apply, with necessary modifications, to the repeal of a by-law passed under subsection (2) or (3).

Regulations

(26) The Minister may make regulations governing by-laws under subsection (2) or (3).

Same

(27) The Minister of Finance may make regulations specifying additional information to be provided by a municipality under subsection (11).

Specific or general

(28) A regulation made under subsection (26) or (27) may be general or specific in its application and may apply to different municipalities and different properties differently.

Application

(29) This section applies to the portion of the taxation year remaining in the taxation year in which this section comes into force and to subsequent taxation years.

PART IV
MUNICIPAL TAX SALES ACT AMENDMENTS

4. (1) Subsection 1 (1) of the Municipal Tax Sales Act, as amended by the Statutes of Ontario, 1998, chapter 3, section 37, is further amended by adding the following definitions:

“environmental site assessment” means an investigation in relation to land to determine the environmental condition of the land, and includes a phase one environmental site assessment or phase two environmental site assessment, both within the meaning of Part XV.1 of the Environmental Protection Act; (“évaluation environnementale de site”)

“inspector” means an employee or agent of a municipality authorized by the municipality to carry out inspections under section 17.1; (“inspecteur”)

(2) Clause 9 (3) (b) of the Act is amended by striking out “the treasurer shall prepare and register” and substituting “the treasurer may prepare and register”.

(3) Section 9 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 124 and 2000, chapter 26, Schedule K, section 3, is further amended by adding the following subsections:

No registration

(12) If a notice of vesting is not registered within one year after a public sale is conducted at which there is no successful purchaser, the tax arrears certificate with respect to the land shall be deemed to be cancelled.

Effect

(13) Subsection (12) does not,

(a) prevent the treasurer from registering a new tax arrears certificate with respect to the land and proceeding under this Act; or

(b) relieve a taxpayer of any liability to pay any real property taxes imposed before the sale.

(4) The Act is amended by adding the following sections:

Power of entry

17.1 (1) For the purpose of assisting a municipality to determine whether it is desirable to acquire land that has been offered for public sale under subsection 9 (2) but for which there is no successful purchaser, an inspector may, during the 12 months following the public sale referred to in subsection 9 (3), enter on and inspect the land.

Inspections

(2) In carrying out an inspection, an inspector may,

(a) be accompanied by any person to assist in carrying out the inspection; and

(b) do anything reasonably necessary to carry out an environmental site assessment of the land, including,

(i) conduct surveys, examinations, investigations and tests of the land, including the excavation of test pits, and for those purposes, place equipment on the land for such period as the inspector considers necessary,

(ii) take and remove samples or extracts,

(iii) make inquiries of any person, and

(iv) record or copy information by any method.

Identification

(3) An inspector who is carrying out an inspection shall produce identification on request.

Entry to dwellings

(4) An inspector who is carrying out an inspection shall not enter or remain in any room or place actually being used as a dwelling unless,

(a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under section 17.3; or

(b) a warrant issued under section 17.3 is obtained.

Restoration

(5) After an inspection is completed, the municipality shall, in so far as is practicable, restore the land to the condition it was in before the inspection.

Compensation

(6) The municipality shall provide compensation for any damages caused by the inspection.

Registration of notice of vesting

(7) Subsections (5) and (6) do not apply if, under clause 9 (3) (b), the treasurer registers a notice of vesting, in the name of the municipality, in respect of the land.

Inspection without warrant

17.2 (1) The following apply to an inspection carried out without a warrant:

1. At least seven days before entering to carry out an inspection, the municipality shall, by personal service or by prepaid mail, serve a written notice of the inspection on the owners and occupants of the land as shown by the records of the land registry office and by the last returned assessment roll of the municipality in which the land is located.

2. The notice shall specify the date on which the inspector intends to enter on the land to commence the inspection.

3. If the inspector intends to enter on the land more than once during a period of time, the notice shall specify that period.

4. If the inspector intends to leave equipment on the land for a period of time, the notice shall set out a description of the equipment and the period of time during which the inspector intends to leave it on the land.

5. A notice served under this section by prepaid mail shall be deemed to have been received on the fifth day after the date of mailing of the notice.

6. An inspector shall not use force against any individual in carrying out the inspection.

7. An inspector shall only enter on land to carry out an inspection between the hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice under paragraph 1, the municipality has given at least 24 hours written notice of the intent to inspect the land at other hours to the occupants by personal service, prepaid mail or by posting the notice on the land in a conspicuous place.

Waiver of requirements

(2) The owners and occupants may waive any requirements relating to the notice described in paragraph 1 of subsection (1).

Same

(3) The occupants may waive any requirements relating to entries described in paragraph 7 of subsection (1).

Inspection warrant

17.3 (1) The municipality may apply to a provincial judge or a justice of the peace for a warrant authorizing an inspector to inspect land.

Notice of application for warrant

(2) The municipality shall give the owners and occupiers of the land seven days written notice of,

(a) the time when and the place where the application for the issuance or extension of a warrant is to be considered;

(b) the purpose of the application and the effect of the application being granted;

(c) the length of time the municipality is asking for a warrant to be issued or extended;

(d) the right of an owner or occupant or an agent of an owner or occupant to appear and make representations; and

(e) the fact that if the owner, occupant or agent fails to appear, the judge or justice of the peace may issue or extend the warrant in their absence.

Right to be heard

(3) A person who is served with a notice under subsection (2) or an agent of that person has the right to appear and make representations when the application is being considered.

Issue of warrant

(4) The judge or justice of the peace may issue a warrant authorizing an inspector to inspect land if the judge or justice of the peace is satisfied by evidence under oath that,

(a) inspection of the land is reasonably necessary for the purposes set out in subsection 17.1 (1);

(b) a notice has been served upon the owners and occupants of the land in accordance with paragraphs 1, 2, 3, 4 and 5 of subsection 17.2 (1); and

(c) the inspector has been prevented or is likely to be prevented from entering on the land or exercising any of his or her other powers or the entrance to the land is locked or the land is otherwise inaccessible.

Execution

(5) A warrant shall specify the hours and days during which it may be executed and name a date on which it expires and may specify a period of time during which equipment may be left on the land.

Inspection with warrant

17.4 The following apply to an inspection carried out with a warrant:

1. The warrant shall be executed between the hours of 6 a.m. and 9 p.m. unless it provides otherwise.

2. The inspector may use such force as is reasonably necessary to execute the warrant and call on police officers to assist in the execution of the warrant.

Obstruction

17.5 (1) No person shall obstruct an inspector who is carrying out an inspection under section 17.1.

Exception

(2) Where an inspector is carrying out an inspection under section 17.1 without a warrant, a refusal by the owner or occupant of land to allow the inspector to enter or remain on the land is not obstruction within the meaning of subsection (1).

Same

(3) A refusal to answer the inquiries of an inspector carrying out an inspection under section 17.1 is not obstruction within the meaning of subsection (1).

Offence

(4) Any person who contravenes subsection (1) is guilty of an offence.

PART V
ONTARIO WATER RESOURCES ACT AMENDMENTS

5. (1) Section 1 of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, 1993, chapter 23, section 73, 1998, chapter 35, section 44, 2000, chapter 22, section 2, 2000, chapter 26, Schedule E, section 5, 2000, chapter 26, Schedule F, section 13 and 2001, chapter 9, Schedule G, section 6, is further amended by adding the following definitions:

“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”)

“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”)

“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”)

“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”)

“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”)

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, 1993, chapter 23, section 73, 1998, chapter 35, section 44, 2000, chapter 22, section 2, 2000, chapter 26, Schedule E, section 5, 2000, chapter 26, Schedule F, section 13 and 2001, chapter 9, Schedule G, section 6, is further amended by adding the following subsection:

Health or safety

(2) 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.

(3) Section 13 of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is repealed and the following substituted:

Successors and assigns

13. (1) An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.

Limitation

(2) If, pursuant to subsection (1), a direction, notice or order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Receivers and trustees

(3) An approval, direction, notice, order, report or requirement of a court, the Minister, the Director, a provincial officer or the Agency under this Act that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(4) If, pursuant to subsection (3), a direction, notice, order or report is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the direction, notice, order or report is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.

Exception

(5) Subsection (3) does not apply to a direction, notice or order that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the direction, notice or order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate.

Notice under subs. (5)

(7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 19 (7) of the Environmental Protection Act.

Holder

(8) For the purposes of this Act, a person who is bound by an approval under this section shall be deemed to be the holder of the approval.

Index record

(9) The Ministry shall maintain an alphabetical index record of the names of all persons to whom approvals, directions, notices, orders, reports or requirements are directed under this Act.

Expiry of order, etc.

(10) When an approval, direction, notice, order, report or requirement has expired or is revoked or set aside, the Ministry shall note that fact in the index record.

Search of index record

(11) The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any approval, direction, notice, order, report or requirement relating to that person.

(4) Subsection 81 (1) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) a receiver or trustee in bankruptcy is not required to do the thing because of subsection 13 (5) or 89.12 (7); or

. . . . .

(5) The Act is amended by adding the following section:

ss. 89.1 to 89.14:  Director may cause things to be done

82.1 (1) If, but for sections 89.1 to 89.14, the Director or a provincial officer would be authorized by this Act to make a direction or order requiring a person to do a thing, the Director may cause the thing to be done. 

 

Same

(2) Subsection (1) applies even if the Director is authorized to make a direction or order requiring another person to do the thing.

(6) Subsection 83 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 63, is amended by striking out “A person who is responsible for doing a thing under section 80, 81 or 82” in the portion before clause (a) and substituting “A person who is responsible for doing a thing under section 80, 81, 82 or 82.1”.

(7) Subsection 83 (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 35, section 63, is amended by striking out “for the purpose of doing a thing under section 80, 81 or 82” and substituting “for the purpose of doing a thing under section 80, 81, 82 or 82.1”.

(8) Section 84 of the Act is amended by adding the following subsections:

Same

(2.1) If the Minister or Director has caused any thing to be done under this Act in circumstances where, pursuant to subsection 13 (5) or 89.12 (7) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not required to do the thing, the Director may issue an order to the receiver or trustee in bankruptcy to pay the costs of doing the thing.

Same

(2.2) If an order to pay the costs of doing a thing is issued under subsection (1), (2) or (2.1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the direction, order or decision that required the thing to be done arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative.

(9) Subsection 84 (3) of the Act is amended by striking out “under subsection (1) or (2)” in the portion before clause (a) and substituting “under subsection (1), (2) or (2.1)”.

(10) Section 86 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 13, is further amended by adding the following subsection:

Same, receiver or trustee in bankruptcy

(2) For the purpose of subsection (1), if the order under subsection 84 (1) or (2.1) was issued to a receiver or trustee in bankruptcy,

(a) the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and

(b) the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 13 (5) or 89.12 (7), the receiver or trustee in bankruptcy was not required to do.

(11) Section 89 of the Act is repealed and the following substituted:

Costs may be recovered from deposit or financial assurance

89. Where an order to pay costs is directed to a person who has given a deposit under section 35 of the Environmental Protection Act or is in respect of works or property for which financial assurance is required under Part XII of that Act, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs.

(12) The Act is amended by adding the following sections:

Records of Site Condition

Definitions

89.1 In sections 89.2 and 89.3,

“certification date” has the same meaning as in Part XV.1 of the Environmental Protection Act; (“date d’attestation”)

“Registry” means the Environmental Site Registry established under Part XV.1 of the Environmental Protection Act. (“Registre”)

Consequences of filing record of site condition

89.2 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act, no order shall be issued to any of the following persons under section 16, 16.1 or 32 in respect of material that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date:

1. The person who filed the record or a subsequent owner of the property.

2. A person who is in occupation of the property or who was in occupation of the property at any time after the record of site condition was filed.

3. A person who has charge, management or control of the property or who had charge, management or control of the property at any time after the record of site condition was filed.

4. A person who meets the requirements prescribed by the regulations referred to in paragraph 4 of subsection 168.7 (1) of the Environmental Protection Act and who, before the certification date,

i. owned the property,

ii. was in occupation of the property, or

iii. had charge, management or control of the property.

False or misleading information

(2) Subsection (1) does not apply if the record of site condition contains false or misleading information.

Material that moves to other property

(3) Subsection (1) does not apply if, after the certification date, any of the material moved from the property to which the record of site condition relates to another property.

Sewage works and water works

(4) Despite subsection (1), if a sewage works or water works is located on the property to which the record of site condition relates, an order may be issued under section 16.1 or 32 in respect of the sewage works or water works.

Consent order

(5) Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order.

Interpretation

(6) This section shall not be construed as affecting any cause of action that a person would have in the absence of this section.

Emergencies relating to old material

89.3 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 of the Environmental Protection Act with respect to a property, the Director may issue an order described in subsection (2) to the owner of the property if the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(2) An order under subsection (1) may only require the owner, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that there is no danger to the health or safety of any person.

Same

(3) The directions referred to in subsection (2) may include the following:

1. A direction requiring the doing of anything mentioned in section 32.

2. A direction requiring the removal or disposal of the material or anything affected by the material.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the material has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(4) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based.

Notice of order to be filed in Registry

(5) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act.

Notice of compliance with order

(6) If the Director is satisfied that an order under subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act.

Filing of new record of site condition

(7) If the Director is satisfied that an order under subsection (1) has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (6) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act.

(13) The Act is amended by adding the following sections:

Special Provisions Applicable to Municipalities, Secured Creditors, Receivers, Trustees in Bankruptcy, Fiduciaries and Property Investigators

Definitions

89.4 In this section and in sections 89.5 to 89.14,

“certification date” has the same meaning as in the Environmental Protection Act; (“date d’attestation”) 

“fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”)

“non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality; (“bien non municipal”)

“Registry” means the Environmental Site Registry established under Part XV.1 of the Environmental Protection Act. (“Registre”) 

Interpretation

89.5 Sections 89.6 to 89.14 shall not be construed as affecting any cause of action that a person would have in the absence of those sections.

Actions taken by municipalities

89.6 (1) A municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who manages or has control of a facility for the purpose of subsection 16.1 (1);

(b) a person who manages or has control of a sewage works or water works for the purpose of subsection 16.2 (1);

(c) a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32; or

(d) a person to whom a direction may be issued under subsection 52 (6) or section 61.

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property.

2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means, or

iii. ensure that the property is insured under a contract of insurance.

3. Any action taken on non-municipal property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of material on, in or under the property,

ii. any impairment or serious risk of impairment of any waters or any use of waters that results from the presence or discharge of material on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of material on, in or under the property.

4. Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount.

5. Any action taken on non-municipal property under or for the purpose of the Municipal Tax Sales Act.

6. Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations referred to in paragraph 6 of subsection 168.12 (2) of the Environmental Protection Act.

7. Any other action prescribed by the regulations referred to in paragraph 7 of subsection 168.12 (2) of the Environmental Protection Act.

Ownership under the Municipal Tax Sales Act

89.7 (1) If a municipality is the owner of property by virtue of the registration of a notice of vesting under the Municipal Tax Sales Act, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue a direction or order under any provision of this Act to the municipality or a municipal representative with respect to the property unless the direction or order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations.

Consent order

(2) Subsection (1) does not apply to a direction or order issued with the written consent of the municipality or municipal representative.

Time period

(3) Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the fifth anniversary of that day.

Extension of period

(4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate.

Exceptional circumstances

89.8 (1) Despite section 89.7, the Director may issue an order described in subsection (3) to a municipality if the municipality is the owner of property by virtue of the registration of a notice of vesting under the Municipal Tax Sales Act and the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of any waters or any use of waters.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Restriction if record of site condition

(2) If a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property, no order shall be issued under subsection (1) unless the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(3) An order under subsection (1) may only require the municipality, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property. 

Same

(4) The directions referred to in subsection (3) may include the following:

1. A direction requiring the doing of anything mentioned in section 32.

2. A direction requiring the removal or disposal of the material or anything affected by the material.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the material has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(5) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist.

When notice of order filed in Registry

(6) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act if a record of site condition has been filed in the Registry under section 168.4 of that Act with respect to the property.

Notice of compliance with order

(7) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act.

Filing of new record of site condition

(8) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (7) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act

Actions taken by secured creditors

89.9 (1) A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who manages or has control of a facility for the purpose of subsection 16.1 (1);

(b) a person who manages or has control of a sewage works or water works for the purpose of subsection 16.2 (1);

(c) a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32;

(d) a person to whom a direction may be issued under subsection 52 (6) or section 61; or

(e) an industrial or commercial enterprise for the purpose of subsection 91 (1) or (2).

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property.

2. Any action taken for the purpose of preserving or protecting the secured property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means,

iii. ensure that the property is insured under a contract of insurance, or

iv. pay taxes due or collect rents owing with respect to the property. 

3. Any action taken on the secured property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of material on, in or under the property,

ii. any impairment or serious risk of impairment of any waters or any use of waters that results from the presence or discharge of material on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of material on, in or under the property.

4. Any other action prescribed by the regulations referred to in paragraph 4 of subsection 168.17 (2) of the Environmental Protection Act.

Secured creditor becoming owner by foreclosure

89.10 (1) If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any direction or order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the direction or order arises from,

(a) the gross negligence or wilful misconduct of the secured creditor or secured creditor representative; or

(b) circumstances prescribed by the regulations.

Consent order

(2) Subsection (1) does not apply to a direction or order issued with the written consent of the secured creditor or secured creditor representative.

Time period

(3) Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the fifth anniversary of that day.

Extension of period

(4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate.

Receivers and trustees in bankruptcy

89.11 (1) The Director or a provincial officer shall not issue any direction or order under any provision of this Act to a receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative with respect to the property held or administered by the receiver or trustee in bankruptcy unless the direction or order arises from,

(a) the gross negligence or wilful misconduct of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative; or

(b) circumstances prescribed by the regulations.

Consent order

(2) Subsection (1) does not apply to a direction or order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative.

Exceptional circumstances

89.12 (1) Despite section 89.10, the Director may issue an order described in subsection (4) to a secured creditor who has become the owner of the secured property by virtue of a foreclosure if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of any waters or any use of waters.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life.

Same

(2) Despite section 89.11, the Director may issue an order described in subsection (4) to a receiver or trustee in bankruptcy if the Director has reasonable grounds to believe that, as a result of the presence or discharge of material on, in or under the property held or administered by the receiver or trustee in bankruptcy, any of the circumstances listed in subsection (1) exist.

Restriction if record of site condition

(3) If a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property, no order shall be issued under subsection (1) or (2) unless the Director has reasonable grounds to believe that, as a result of the presence of material that was on, in or under the property as of the certification date, there is danger to the health or safety of any person.

Scope of order

(4) An order under subsection (1) or (2) may only require the secured creditor, receiver or trustee in bankruptcy, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Registry under section 168.4 of the Environmental Protection Act with respect to the property. 

Same

(5) The directions referred to in subsection (4) may include the following:

1. A direction requiring the doing of anything mentioned in section 32.

2. A direction requiring the removal or disposal of the material or anything affected by the material.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the material has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies.

Information to be included in order

(6) An order under subsection (1) or (2) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist.

Exception

(7) A receiver or trustee in bankruptcy is not required to comply with an order under subsection (2) if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and,

(a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Notice under subs. (7)

(8) Notice under clause (7) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act.

When notice of order filed in Registry

(9) The Director shall file notice of an order under subsection (1) or (2) in the Registry in accordance with the regulations referred to in subsection 168.8 (5) of the Environmental Protection Act if a record of site condition has been filed in the Registry under section 168.4 of that Act with respect to the property.

Notice of compliance with order

(10) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations referred to in subsection 168.8 (6) of the Environmental Protection Act.

Filing of new record of site condition

(11) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (10) does not apply until a new record of site condition is filed in accordance with section 168.4 of the Environmental Protection Act.

Obligations of fiduciaries

89.13 If the Minister, the Director or a provincial officer issues a direction, notice or order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the direction, notice or order is limited to the value of the assets they hold or administer on the date they are served with the direction, notice or order, less their reasonable costs of holding or administering the assets, unless the direction, notice or order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative.

Investigations of property

89.14 A person who conducts, completes or confirms an investigation in relation to property is not, for that reason alone,

(a) a person who manages or has control of a facility for the purpose of subsection 16.1 (1);

(b) a person who manages or has control of a sewage works or water works for the purpose of subsection 16.2 (1);

(c) a person who manages or has control of a sewage works, water works or other facility for the purpose of section 32; or

(d) a person to whom a direction may be issued under subsection 52 (6) or section 61.

(14) Subsection 102 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, section 13, is repealed and the following substituted:

Tribunal may grant stay

(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a direction, order, report, notice or decision, other than an order issued under section 89.3, 89.8 or 89.12.

(15) Section 103 of the Act, as amended by the Statutes of Ontario, 1998, chapter 35, section 68, is repealed and the following substituted:

Disclosure of directions, orders, notices and decisions

103. (1) A person who has authority under this Act to make a direction, order, notice or decision affecting land also has authority to make an order requiring any person with an interest in the land, before dealing with the land in any way, to give a copy of the direction, order, notice or decision affecting the land to every person who will acquire an interest in the land as a result of the dealing.

Registration of requirement

(2) A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.

Same

(3) A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the land.

Dealings voidable

(4) A dealing with land by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the direction, order, notice or decision in accordance with the requirement.

Registration of withdrawal of requirement

(5) A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the land to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the land.

Same

(6) On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement.

Same

(7) Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement.

Transition

(8) This section, as it read immediately before the day subsection 5 (15) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day.

PART VI
PESTICIDES ACT AMENDMENTS

6. (1) Subsection 1 (1) of the Pesticides Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1998, chapter 35, section 77 and 2000, chapter 26, Schedule F, section 14, is further amended by adding the following definitions:

“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”)

“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”)

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1998, chapter 35, section 77 and 2000, chapter 26, Schedule F, section 14, is further amended by adding the following subsection:

Health or safety

(3) 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. 

(3) Section 31 of the Act is repealed and the following substituted:

Successors and assigns

31. (1) An order of a court, the Minister, the Director or a provincial officer under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets.

Receivers and trustees

(3) An order of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property.

Limitation

(4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets.

Exception

(5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Extension of period

(6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate.

Notice under subs. (5)

(7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 19 (7) of the Environmental Protection Act.

Index record

(8) The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders are directed under this Act.

Expiry of order, etc.

(9) When an order has expired or is rescinded or set aside, the Ministry shall note that fact in the index record.

Search of index record

(10) The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any order relating to that person.

Definitions

31.1 In this section and in sections 31.2 to 31.6,

“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 property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien 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”)

“municipality” means the corporation of a county, regional area, district area, city, town, village or township or the County of Oxford and includes a local board thereof 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”)

“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”)

“non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality; (“bien non municipal”)

“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”)

“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”)

“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”)

Interpretation

31.2 Sections 31.3 to 31.6 shall not be construed as affecting any cause of action that a person would have in the absence of those sections.

Actions taken by municipalities

31.3 (1) For the purposes of this Act, a municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone,

(a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or

(b) the person having the charge, management or control of a pesticide, substance or thing.

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property.

2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means, or

iii. ensure that the property is insured under a contract of insurance.

3. Any action taken on non-municipal property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property.

4. Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount.

5. Any action taken on non-municipal property under or for the purpose of the Municipal Tax Sales Act.

6. Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations referred to in paragraph 6 of subsection 168.12 (2) of the Environmental Protection Act.

7. Any other action prescribed by the regulations referred to in paragraph 7 of subsection 168.12 (2) of the Environmental Protection Act.

Actions taken by secured creditors

31.4 (1) For the purposes of this Act, a secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone,

(a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or

(b) the person having the charge, management or control of a pesticide, substance or thing.

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property.

2. Any action taken for the purpose of preserving or protecting the secured property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means,

iii. ensure that the property is insured under a contract of insurance, or

iv. pay taxes due or collect rents owing with respect to the property. 

3. Any action taken on the secured property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property.

4. Any other action prescribed by the regulations referred to in paragraph 4 of subsection 168.17 (2) of the Environmental Protection Act.

Receivers and trustees in bankruptcy

31.5 (1) A receiver or trustee in bankruptcy is not required to comply with any order under this Act that is issued by the Minister, the Director or a provincial officer if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and,

(a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property.

Notice under subs. (1)

(2) Notice under clause (1) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act.

Obligations of fiduciaries

31.6 If the Minister, the Director or a provincial officer issues an order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative.

PART VII
PLANNING ACT AMENDMENTS

7. (1) The definition of “community improvement plan” in subsection 28 (1) of the Planning Act is amended by striking out “approved by the Minister”.

(2) The definition of “community improvement project area” in subsection 28 (1) of the Act is repealed and the following substituted:

“community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. (“zone d’améliorations communautaires”)

(3) Clause 28 (3) (a) of the Act is repealed and the following substituted:

(a) acquire land within the community improvement project area with the approval of the Minister if the land is acquired before a community improvement plan mentioned in subsection (4) comes into effect and without the approval of the Minister if the land is acquired after the community improvement plan comes into effect;

(4) Subsection 28 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 20 and amended by 1996, chapter 4, section 18, is repealed and the following substituted:

Community improvement plan

(4) When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (4.1) to (4.4).

Same

(4.1) If a community improvement plan includes provisions that authorize the exercise of any power or authority under subsection (6) or (7), or under section 442.7 of the Municipal Act, that would be prohibited under subsection 111 (1) of the Municipal Act, subsections 17 (15) to (22) and (31) to (50) apply, with necessary modifications, in respect of the community improvement plan and any amendments to it.

Same

(4.2) If a community improvement plan does not include provisions that authorize the exercise of any power or authority under subsection (6) or (7), or under section 442.7 of the Municipal Act, that would be prohibited under subsection 111 (1) of the Municipal Act, subsections 17 (15) to (30), (44) to (47) and (49) and (50) apply, with necessary modifications, in respect of the community improvement plan and any amendments to it.

Same

(4.3) The Minister shall be deemed to be the approval authority for the purpose of subsections (4.1) and (4.2).

Same

(4.4) Despite subsections (4.1) and (4.2), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (18), subsections 17 (15), (16) and (17) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with. 

(5) Subsection 28 (5) of the Act is repealed and the following substituted:

Deemed community improvement plan

(5) For the purposes of this section, the Minister may, in writing, deem the provisions relating to community improvement mentioned in subsection (2) to be a community improvement plan that has been adopted and has come into effect under subsection (4).

(6) Subsection 28 (6) of the Act is amended by striking out “the community improvement plan” in the portion before clause (a) and substituting “a community improvement plan that has come into effect”.

(7) Subsection 28 (7) of the Act is repealed and the following substituted:

Grants or loans

(7) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may make grants or loans to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with the community improvement plan.

Maximum amount

(7.1) The total of the grants and loans made in respect of particular lands and buildings under subsection (7) and the tax assistance as defined in section 442.7 of the Municipal Act that is provided in respect of the lands and buildings shall not exceed the cost of rehabilitating the lands and buildings.

(8) Subsection 28 (8) of the Act is repealed and the following substituted:

Approval of Minister

(8) Where the council of the municipality proposes to exercise any power or authority under subsection (6) or (7), or under section 442.7 of the Municipal Act, that would be prohibited under subsection 111 (1) of the Municipal Act, the Minister may approve the exercise of such power or authority in order that the exception provided for in subsection 111 (2) of the Municipal Act will apply.

PART VIII
COMMENCEMENT AND SHORT TITLE

Commencement

8. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

9. The short title of this Act is the Brownfields Statute Law Amendment Act, 2001.