O. Reg. 156/98: TRANSITIONAL PROVISIONS RELATING TO THE REPEAL OF PART VIII OF THE ACT

Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 156/98

TRANSITIONAL PROVISIONS RELATING TO THE REPEAL OF PART VIII OF THE ACT

Consolidation Period: From April 9, 1998 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

1. If, before the repeal of Part VIII of the Act, an agreement with respect to the administration of Part VIII of the Act was entered into under clause 4 (1) (j) of the Act or section 81 of the Act, the agreement continues in force, despite the repeal of Part VIII of the Act, for the purpose of,

(a) unexpired rights of appeal referred to in paragraph 2 or 3 of subsection 28 (4) of the Act; and

(b) appeals referred to in paragraph 4 of subsection 28 (4) of the Act. O. Reg. 156/98, s. 1.

2. (1) Every conservation authority that entered into an agreement referred to in section 1 under clause 4 (1) (j) of the Act shall,

(a) keep all records in its possession or under its control with respect to matters continued under section 28 of the Act for a period of six years from the date of the repeal of Part VIII of the Act;

(b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII of the Act as specified in the request;

(c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII of the Act as specified in the request;

(d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII of the Act as specified in the request; and

(e) on the written request of the Director, deliver to the Director a certificate as to whether or not any document relating to Part VIII of the Act as specified in the request was received or issued.

(2) A record, certified copy of a record or a certificate delivered under clause (1) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII of the Act shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175 of the Act.

(3) A certificate delivered under clause (1) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175 of the Act. O. Reg. 156/98, s. 2.

3. A licence under section 80 of the Act is continued in force as if it were a certificate of approval under section 39 of the Act for a waste management system if, before the repeal of Part VIII of the Act, the holder of the licence stored, hauled or disposed of sewage from a sewage system pursuant to the licence. O. Reg. 156/98, s. 3.

4. (1) If a certificate of approval, permit or licence is continued in force under subsection 28 (2) of the Act or section 3 of this Regulation as if it were a certificate of approval under section 39 of the Act for a waste disposal site or for a waste management system that includes a waste disposal site, a person shall not dispose of waste at the site unless,

(a) the person has filed a notice with the Director, on a form provided by the Director, that specifies the location of the site; and

(b) if the certificate of approval, permit or licence was issued under Part VIII of the Act before January 1, 1997, waste was disposed of pursuant to the certificate of approval, permit or licence after January 1, 1994 and before the repeal of Part VIII of the Act.

(2) If a certificate of approval, permit or licence is continued in force under subsection 28 (2) of the Act or section 3 of this Regulation as if it were a certificate of approval under section 39 of the Act for a waste management system, a person shall not haul waste by means of the system unless the operator of the system has filed a notice with the Director for that purpose on a form provided by the Director. O. Reg. 156/98, s. 4.

5. No fee is payable under Ontario Regulation 502/92 with respect to an application referred to in paragraph 1 of subsection 28 (4) of the Act or a notice filed under section 4 of this Regulation. O. Reg. 156/98, s. 5.

6. The references in this Regulation to sections 80 and 81 of the Act are references to those provisions as they read immediately before the repeal of Part VIII of the Act under Schedule B to the Services Improvement Act, 1997. O. Reg. 156/98, s. 6.