Geologic Carbon Storage Act, 2025

S.o. 2025, chapter 17
Schedule 2

Consolidation Period: From January 1, 2026 to the e-Laws currency date.

No amendments.

CONTENTS

 

Part I
Interpretation, Purpose and Prohibitions

Interpretation

1 (1) In this Act,

“ancillary work” has the meaning set out in subsection (2); (“ouvrage accessoire”)

“authorization” means a research and evaluation licence, a storage licence, a research and evaluation permit or a storage permit that is issued under this Act; (“autorisation”)

“authorization holder” means the holder of an authorization; (“titulaire d’autorisation”)

“carbon storage” means the permanent storage of carbon dioxide in a storage repository; (“stockage de carbone”)

“carbon storage activities” means the activities set out in subsection 3 (2); (“activités de stockage de carbone”)

“carbon storage site” means any number of wells or storage repositories or wells and storage repositories, as well as ancillary works, if any, collectively used for research and evaluation activities or carbon storage activities; (“site de stockage de carbone”)

“Crown” means the Crown in right of Ontario; (“Couronne”)

“Minister” means the Minister of Natural Resources or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“permit holder” means the holder of a research and evaluation permit or a storage permit that is issued under this Act; (“titulaire de permis”)

“pore space” means space consisting of,

(a) pores that are found in a storage repository and that are or have been occupied by formation water, hydrocarbons or any other mineral, and

(b) any other cavity or void in a storage repository, whether naturally or artificially created; (“espace poral”)

“public pore space” means,

(a) pore space underlying any land owned or controlled by the Crown, regardless of whether the lands are subject to a lease, easement or other grant of a less estate in the land or to a licence, and

(b) pore space the rights to which have been taken by and vested in the Crown by a regulation made under subsection 8 (1); (“espace poral public”)

“regulations” means the regulations made under this Act; (“règlements”)

“research and evaluation activities” means the activities set out in subsection 3 (1); (“activités de recherche et d’évaluation”)

“storage repository” means an underground geological area; (“dépôt”)

“Tribunal” means the Ontario Land Tribunal; (“Tribunal”)

“well” means a hole in the ground, whether completely drilled or in the process of being drilled. (“puits”)

Meaning of “ancillary work”

(2) For the purposes of this Act and subject to the regulations, an ancillary work is any structure, including a pipeline, or equipment that is used in association with a well, but does not include a structure or equipment if the structure or equipment is, upon leaving the well, located beyond the emergency shutdown valves or, in the absence of emergency shutdown valves, beyond the first isolation valve, unless the structure or equipment is being used in association with the construction, including completion or deepening, maintenance or decommissioning of a well or storage repository.

Interpretation, contravention

(3) A reference in this Act to contravening or to a contravention of something, such as a provision of this Act or the regulations or an order or authorization issued under this Act, includes, respectively, failing or a failure to comply with it.

Interpretation, authorization holder “deemed incapable of acting”

(4) A reference in this Act to an authorization holder being deemed incapable of acting is a reference to the authorization holder being in any of the following circumstances:

1. The authorization holder having made an assignment in bankruptcy or having commenced or being the subject of a proceeding under the Bankruptcy and Insolvency Act (Canada) or the Companies’ Creditors Arrangement Act (Canada).

2. The authorization holder being a corporation that has been wound up under the Business Corporations Act or dissolved.

3. The authorization holder being an individual who is deceased.

4. Any other circumstances prescribed by the regulations made by the Minister.

Purpose

2 The purpose of this Act is to enable the safe, responsible and permanent storage of carbon dioxide in a manner that protects public safety and the environment and minimizes potential adverse impacts on other land and resource uses.

Regulated activities

Research and evaluation activities

3 (1) For the purposes of this Act, the following are research and evaluation activities:

1. Constructing, including completing or deepening, or using a well or performing any other activity on or in a well for the purposes of,

i. exploring for storage repositories capable of being used for carbon storage,

ii. obtaining information on storage repositories in relation to their potential use or viability for carbon storage,

iii. injecting carbon dioxide or other substances into a storage repository to,

A. evaluate or test the viability of the storage repository for carbon storage, or

B. conduct research in relation to a carbon storage technology or demonstrate its use, or

iv. performing monitoring, measurement or verification activities in relation to any activities contemplated by this subsection.

2. Constructing, installing or using an ancillary work in order to perform any activities contemplated by this subsection.

3. Conducting exploration activities to assess the viability of a storage repository for carbon storage or to gather information needed to inform the design or operation of a proposed carbon storage site.

4. Maintaining or decommissioning a well drilled for any activities contemplated by this subsection or a well, storage repository or ancillary work used for any activities contemplated by this subsection.

5. Performing any other activities that relate to exploring for or assessing the viability of storage repositories for carbon storage or conducting research in relation to or demonstrating the use of carbon storage technologies and that are prescribed by the regulations made by the Minister.

Carbon storage activities

(2) For the purposes of this Act, the following are carbon storage activities:

1. Constructing, including completing or deepening, or using a well or performing any other activity on or in a well for the purposes of,

i. injecting carbon dioxide or other substances into a storage repository for the purposes of carbon storage, or

ii. performing monitoring, measurement or verification activities in relation to any activities contemplated by this subsection.

2. Constructing, installing or using an ancillary work in order to perform any activities contemplated by this subsection.

3. Maintaining or decommissioning a well drilled for any activities contemplated by this subsection or a well, storage repository or ancillary work used for any activities contemplated by this subsection.

4. Remediating or restoring land used for a carbon storage site.

5. Performing any other activities that involve or relate to the use of wells, storage repositories or ancillary works for purposes related to carbon storage and that are prescribed by the regulations made by the Minister.

Prohibition

4 (1) Subject to subsection (3), it is prohibited for any person to perform any research and evaluation activities or any carbon storage activities unless,

(a) the research and evaluation activities or carbon storage activities,

(i) are performed in an area of the province that is prescribed by the regulations as an area in which carbon storage sites may be located, and

(ii) if the regulations specify types of storage repositories whose use is permitted for that area of the province, relate to the use of a type of permitted storage repository; and

(b) the activities are performed,

(i) in the case of research and evaluation activities, under the authority of a research and evaluation permit or a storage permit, or

(ii) in the case of carbon storage activities, under the authority of a storage permit.

Further prohibitions

(2) Despite subsection (1), the regulations made by the Minister may prohibit specific research and evaluation activities or carbon storage activities from being performed in all or parts of the province, even in the circumstances set out in that subsection.

Non-application

(3) Subsection (1) does not apply with respect to,

(a) the injection of carbon dioxide underground as part of a project to enhance oil or gas recovery undertaken in accordance with the Oil, Gas and Salt Resources Act;

(b) any specific research and evaluation activities or carbon storage activities that are prescribed by the regulations made by the Minister; or

(c) the performance of any research and evaluation activities or carbon storage activities in the circumstances prescribed by the regulations made by the Minister.

Other methods

(4) For greater certainty, nothing in this Act prohibits or otherwise applies to the use of other methods of storing carbon dioxide that do not involve the use of wells to inject and permanently store carbon dioxide within a storage repository.

Regulations, Part I

Lieutenant Governor in Council

5 (1) The Lieutenant Governor in Council may make regulations,

(a) providing that any structure, including a pipeline, or equipment is not an ancillary work for the purposes of this Act or is not an ancillary work for the purposes of this Act in specified circumstances or if specified conditions are met;

(b) prescribing, for the purposes of clause 4 (1) (a), areas of the province in which carbon storage sites may be located and the types of storage repositories whose use is permitted in those areas.

Minister

(2) The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister.

Part II
Ownership of and Rights to Pore Space

Definition

6 In this Part,

“surface rights” means every right in land other than the rights to ores, mines and minerals on, in or under land.

Ownership of pore space

7 Rights to the pore space underlying the surface of real property form part of the surface rights estate, unless those rights have been reserved or separately granted or conveyed to another person.

Taking of rights by the Crown

8 (1) Subject to subsection (3), the Lieutenant Governor in Council may make regulations identifying lands and, if the Lieutenant Governor in Council makes such a regulation, rights to pore space underlying the identified lands are taken by the Crown, without the consent of any persons who own those rights, and those rights vest in the Crown.

Scope of rights

(2) The rights to pore space vested in the Crown by regulation made under subsection (1) include the exclusive right of the Crown, a right which the Crown may authorize others to exercise, to perform research and evaluation activities and carbon storage activities in relation to storage repositories containing the pore space underlying lands identified in the regulation for the purposes of carbon storage.

Limitations

(3) The Lieutenant Governor in Council may only make a regulation for the purposes of subsection (1) if,

(a) the Lieutenant Governor in Council considers it in the public interest to do so; and

(b) the rights that would be taken by and vested in the Crown by the regulation are in relation to pore space that underlies lands that are both owned or controlled by the Crown and privately owned.

Revocation of regulation

(4) If a regulation made under subsection (1) is revoked or if it is amended such that lands previously identified in the regulation are no longer identified in the regulation, the rights to the pore space underlying the lands identified in the revoked regulation or previously identified in the regulation, as the case may be, vest in the current owner of the surface rights from which the rights to the pore space were taken, unless the rights have been exercised to perform carbon storage activities.

No right of entry onto surface

(5) For greater certainty, a regulation under subsection (1) does not confer any right of entry onto the surface of land identified in the regulation.

Crown authorization

9 (1) Subject to subsection (2), the Minister may issue an authorization in accordance with this Act that provides the holder the exclusive right to exercise rights to pore space conferred by a regulation made under subsection 8 (1) for the purposes of carbon storage, including the performance of research and evaluation activities or carbon storage activities.

Limitation

(2) The Minister shall only issue a storage permit that provides the holder the exclusive right to exercise rights to pore space for the purposes of performing carbon storage activities if the Minister is satisfied that issuing the permit would result in,

(a) the minimum amount of carbon dioxide prescribed by the regulations being stored; and

(b) the carbon dioxide produced by the minimum number of industrial emitters prescribed by the regulations being stored.

Regulations governing compensation

(3) The Lieutenant Governor in Council may make regulations governing compensation to be paid by authorization holders to whom rights have been provided under subsection (1) to owners of rights to pore space whose rights have been taken by and vested in the Crown, including regulations,

(a) setting out the amount of any compensation or a manner of determining the amount of any compensation;

(b) setting out the manner in which the compensation must be paid and the times at which it must be paid;

(c) requiring confirmation that payment has been made.

Entitlements re compensation

(4) The owner of rights to pore space that have been taken by and vested in the Crown by a regulation made under subsection 8 (1) is not entitled to any compensation except that compensation, if any, required by a regulation made under subsection (3) of this section.

Regulations, minimums

(5) The Lieutenant Governor in Council may make regulations prescribing the minimum amount of carbon dioxide and the minimum number of industrial emitters for the purposes of clauses (2) (a) and (b) respectively.

No expropriation

10 Nothing referred to in this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law and no compensation is payable except in accordance with a regulation made under subsection 9 (3).

Part III
Authorizations

Licences for use of Crown lands and public pore space

Research and evaluation licences

11 (1) A research and evaluation licence confers on its holder the rights to, within areas specified in the licence, use public pore space and lands owned or controlled by the Crown for the purposes of performing research and evaluation activities.

Storage licences

(2) A storage licence confers on its holder the rights to, within areas specified in the licence, use public pore space and lands owned or controlled by the Crown for the purposes of performing carbon storage activities.

Issuance

(3) Subject to subsection (4) and to any restrictions set out in the regulations, the Minister may issue a research and evaluation licence or a storage licence to a person who applies for one in accordance with the regulations made by the Minister and who meets any requirements set out in the regulations made by the Minister.

Restriction, excluded public pore space

(4) The Minister may not issue a research and evaluation licence or a storage licence in respect of public pore space that is excluded public pore space under the regulations.

Terms and conditions

(5) The Minister may impose on a research and evaluation licence or a storage licence the terms and conditions that the Minister considers appropriate.

Other licences, etc.

(6) Except as otherwise provided by the regulations made by the Minister, the Minister may issue a research and evaluation licence or a storage licence in respect of public pore space underlying lands that are already subject to a lease, licence or other instrument issued under any Act, including public pore space underlying lands on which a mining claim has been registered under the Mining Act or that is subject to a lease, licence or other instrument issued under that Act.

Permits

12 (1) Subject to subsection (3) and section 14 and to any additional restrictions set out in the regulations, the Minister may issue a research and evaluation permit or a storage permit to a person if,

(a) the person has applied for the permit in accordance with the regulations made by the Minister and the Minister has found the application to be a complete application for the purposes of section 16;

(b) the person has fulfilled any requirements to give notice or conduct consultation activities that are set out in the regulations made by the Minister; and

(c) in the case of a storage permit, the Minister has received written confirmation of municipal endorsement of the proposed project, as required by and in accordance with the regulations made by the Minister.

Permit equivalent to licence

(2) The Minister may issue a research and evaluation licence as part of a research and evaluation permit or a research and evaluation licence or storage licence, or both, as part of a storage permit if the person to whom the research and evaluation permit or the storage permit, as the case may be, is to be issued does not already hold the licence in question.

Issuance of permits

(3) The Minister shall only issue a research and evaluation permit or a storage permit if the Minister is satisfied that,

(a) the activities for which the permit is sought will be carried out in a manner that protects public safety and the environment;

(b) the activities for which the permit is sought would be permitted under this Act if the permit were issued;

(c) the applicant has obtained the rights to the use of land and to pore space necessary for the activities for which the permit is sought;

(d) the potential impacts on agricultural operations and systems, drinking water sources and current or planned surface and subsurface uses and activities, including mining and mineral development, oil and gas activities and underground geologic storage, have been identified and assessed and suitable measures to mitigate the identified impacts exist and will be implemented;

(e) adequate consultation with Indigenous communities has been carried out, if the activities for which the permit is sought have the potential to adversely affect established or credibly asserted Aboriginal or treaty rights; and

(f) any additional requirements for the issuance of the permit that are set out in the regulations made by the Minister have been met.

Permitted activities

(4) The Minister shall specify in a research and evaluation permit or a storage permit the specific activities authorized by the permit and the specific area in which those activities may be performed.

Terms and conditions

(5) The Minister may impose on the research and evaluation permit or storage permit the terms and conditions that the Minister considers appropriate.

Amendments to authorizations

(6) Subject to any restrictions set out in the regulations, the Minister may amend an authorization, including by amending or removing any of its terms or conditions or adding any terms or conditions, at the Minister’s own discretion or on the application of the authorization holder.

Regulations re amendments

(7) Any application to the Minister for an amendment to an authorization shall be made in accordance with the regulations made by the Minister.

Unitization orders

Definitions

13 (1) In this section,

“landowner” means a person who owns rights to pore space within a unit area that is the subject of an application for a unitization order; (“propriétaire foncier”)

“unitization order” means an order under subsection (2). (“ordonnance d’exploitation concertée”)

Unitization order

(2) On the application of a person who has applied for or who intends to apply for a storage permit under this Act, the Tribunal may order that,

(a) the rights to pore space within a unit area be joined for the purpose of a carbon storage site;

(b) management of the construction, development, use, decommissioning and oversight of the carbon storage site and the remediation and restoration of associated lands be carried out by the person, persons or class of persons named or described in the order;

(c) the costs and benefits of operation within the unit area be apportioned in the manner specified in the order; and

(d) any additional things provided for in the regulations be done.

Issuance of orders

(3) The Tribunal shall not issue a unitization order unless the Tribunal is satisfied that,

(a) unitization would facilitate the optimal use of storage repositories in Ontario;

(b) the person or persons requesting the order have made a good-faith effort to obtain the consent of all landowners to convey their rights to the pore space;

(c) the person or persons requesting the order have obtained consent from landowners whose ownership interest represents the majority, as determined in accordance with the regulations, of the rights to the unit area’s pore space;

(d) landowners who have not consented have been or will be equitably compensated; and

(e) any other circumstances prescribed by the regulations exist.

Terms and conditions

(4) The Tribunal may impose any terms and conditions on the unitization order that the Tribunal considers appropriate.

Amendments

(5) A person to whom a unitization order is issued or a landowner who is affected by the issuance of a unitization order may apply to the Tribunal to have the order amended, but the Tribunal shall not issue an amended order unless the Tribunal is satisfied that the circumstances set out in subsection (3) exist with respect to the amended order.

Same

(6) The Tribunal may deny the amendment or may grant the amendment and may impose any terms and conditions on the order that the Tribunal considers appropriate.

Regulations

(7) The Lieutenant Governor in Council may make regulations governing unitization orders, including regulations,

(a) respecting anything referred to in this section as being done by regulation;

(b) governing applications for unitization orders and setting out requirements that must be met for a unitization order to be issued;

(c) prescribing the information that a unitization order must contain;

(d) governing when unitization orders take effect, including specifying conditions that must be met before a unitization order takes effect;

(e) governing the amendment, transfer or revocation of unitization orders, including setting out substantive or procedural requirements;

(f) providing for the expiry of unitization orders, including in cases where a unitization order is not utilized after being issued;

(g) requiring that unitization orders be registered on title to the lands affected by the orders.

Referral to Ontario Energy Board

Definitions

14 (1) In this section and in section 15,

“Board” means the Ontario Energy Board; (“Commission”)

“gas storage area” means an area designated as a gas storage area by the Board under section 36.1 of the Ontario Energy Board Act, 1998. (“secteur de stockage de gaz”)

Applications requiring Board input

(2) For the purposes of this section, an application for a research and evaluation permit or a storage permit or to amend a research and evaluation permit or a storage permit requires the input of the Board in any of the following circumstances:

1. The activities for which the permit or an amendment to the permit is sought, as the case may be, involve, within a gas storage area, the construction, use, maintenance or decommissioning of a well or the performance of any other activity on or in a well.

2. The activities for which the permit or an amendment to the permit is sought, as the case may be, involve, within a distance of 1.6 kilometres from a gas storage area, the use of a well to inject carbon dioxide or other substances for the purposes of carbon storage.

3. The Minister is of the opinion that the activities for which the permit or an amendment to the permit is sought, as the case may be, may affect operations within a gas storage area.

4. Any additional circumstances prescribed by the regulations made by the Minister.

Exception

(3) The regulations made by the Minister may provide for circumstances in which, despite the existence of the circumstances set out in paragraph 2 of subsection (2), an application does not require the input of the Board.

Same

(4) For greater certainty, the regulations referred to in subsection (3) may not exempt the Minister from the obligation to refer an application to the Board under section 40 of the Ontario Energy Board Act, 1998.

Mandatory referral

(5) The Minister shall refer an application for a permit or to amend a permit that requires the Board’s input to the Board as soon as possible after having identified the circumstances under subsection (2) requiring the Board’s input but not before having found the application to be a complete application for the purposes of section 16.

Discretionary referral

(6) The Minister may refer other applications relating to a research and evaluation permit or a storage permit to the Board if the Minister is of the opinion that the activities for which the permit is sought may affect operations within a gas storage area.

Report

(7) The Board shall review the application and provide a report to the Minister on the potential impacts that approving the application could have on the operation of a gas storage area.

Hearing

(8) The Board may hold a hearing before providing its report under subsection (7) and, if it decides to do so, the Minister and the applicant are entitled to be heard at the hearing.

Minister to follow report

(9) If the Board’s report does not recommend that the application be refused, the Minister may grant the application, in whole or in part, provided that the Minister follows any recommendations of the Board set out in its report, such as a recommendation to impose terms and conditions; if applicable to the application, the Minister may impose additional terms and conditions as long as they do not conflict with anything in the Board’s report.

Same

(10) If the Board’s report recommends that the application be refused, the Minister shall refuse the application.

Referral to Tribunal

15 (1) Subject to subsection (2), the Minister may refer an application for a permit or an application for an amendment to a permit that would allow for the expansion of a carbon storage site to the Tribunal for the Tribunal’s direction on the application or a specific aspect of the application if, after any notification and consultation procedures required by the regulations have been completed, parties identified in the Minister’s referral have expressed concerns that, in the opinion of the Minister, remain unresolved.

Limitation

(2) An application may only be referred to the Tribunal under subsection (1) if the Minister has determined that the application does not need to be referred to the Board under subsection 14 (5) or, if the application does need to be referred to the Board, once the Board has completed its review and provided its report to the Minister.

Hearing

(3) The Tribunal may hold a hearing on the matter referred to it and, if it decides to do so, the Minister, the applicant and any parties identified in the Minister’s referral as having expressed concerns that remain unresolved are entitled to be heard at the hearing.

Order

(4) The Tribunal may, whether or not it has decided to hold a hearing, issue an order directing the Minister to,

(a) in the case of an application for a permit, issue the permit, including with any terms or conditions the Tribunal considers appropriate, or refuse to issue the permit; or

(b) in the case of an application to amend a permit, amend the permit and impose any terms or conditions on the permit as the Tribunal considers appropriate or refuse to amend the permit.

Terms and conditions

(5) The Minister may impose additional terms and conditions on the permit or the amended permit as long as they do not conflict with any directions in the Tribunal’s order.

Referral back to Minister

(6) The Tribunal may, before it has issued an order, refer the matter back to the Minister to allow the Minister to make a decision on the application if the parties identified in the Minister’s referral as having expressed concerns have withdrawn their concerns.

Completeness of applications

16 (1) An application for an authorization is a complete application for the purposes of this section if the applicant has,

(a) complied with all the requirements of this Act and the regulations that apply to the application, including having provided all required information; and

(b) provided any additional information that, in the Minister’s opinion, is necessary for the Minister to be able to fully consider the application.

Same

(2) The Minister is not required to consider an application for an authorization if the Minister determines that it does not constitute a complete application.

Additional information

(3) Despite an application having been found by the Minister to constitute a complete application, the Minister may request additional information, documents or clarifications from an applicant in regard to any matters respecting the application, and the applicant shall promptly comply with the Minister’s request.

Notice

(4) If the Minister determines that an application for an authorization does not constitute a complete application, the Minister shall, in writing, inform the applicant of the decision along with the reasons for the decision.

Deemed withdrawal

(5) The Minister may deem an application that does not constitute a complete application to have been withdrawn if,

(a) the Minister has informed an applicant under subsection (4) that the application does not constitute a complete application; and

(b) the Minister is of the opinion that there has been no meaningful progress on the part of the applicant to address the application’s deficiencies.

Notice of deemed withdrawal

(6) If the Minister deems an application to have been withdrawn under subsection (5), the Minister shall, in writing, notify the applicant of the deemed withdrawal and the reasons for it.

Authorizations, period of validity

17 (1) Subject to subsection (2), an authorization is valid for the period of time set out in or determined in accordance with the regulations made by the Minister.

Changes to the period of validity

(2) Subject to any restrictions set out in the regulations, the Minister may, by providing written notice to the authorization holder, abridge or extend the period of validity of an authorization.

Terms or conditions

(3) When abridging or extending the period of validity of an authorization, the Minister may impose terms and conditions on the authorization with respect to the abridgement or extension.

Transfers

18 (1) An authorization may not be transferred except in accordance with this section or subsection 19 (2).

Transfer on consent

(2) An authorization may be transferred if the Minister consents in writing to the transfer and any requirements prescribed by the regulations made by the Minister have been met.

Conditional consent

(3) The Minister may make the consent conditional by specifying in writing the conditions that must be met before the consent is valid.

Revocation

19 (1) The Minister may, in accordance with the regulations made by the Minister, if any, revoke an authorization if,

(a) the authorization holder has contravened this Act, the regulations or an order or authorization issued under this Act; or

(b) the holder of the authorization is deemed to be incapable of acting within the meaning of subsection 1 (4).

Transfer order

(2) The Minister may, in the circumstances referred to in clause (1) (b), order the transfer of the authorization to a specified person instead of revoking the authorization, subject to the regulations made by the Minister, if any.

Suspensions

20 (1) The Minister may suspend an authorization by giving written notice to the authorization holder if the authorization holder has contravened this Act, the regulations or an order or authorization issued under this Act and shall do so in accordance with the regulations made by the Minister, if any.

Effective immediately

(2) A suspension is effective immediately once the authorization holder has received the notice and is not stayed by a request for a review by the Tribunal or the commencement of an appeal before the Tribunal.

Remedial action

(3) The Minister shall set out in the notice under subsection (1) specific actions that the authorization holder is required to take or desist from taking and the time period within which the authorization holder must do so.

Lifting of suspension

(4) If the authorization holder demonstrates compliance with the requirements of the notice to the satisfaction of the Minister, the Minister shall lift the suspension by providing the authorization holder with written notice that the suspension has been lifted.

Revocation

(5) The Minister may revoke an authorization that has been suspended if,

(a) the authorization holder has failed to comply with the requirements of the notice to the satisfaction of the Minister within the time period specified in the notice; and

(b) the time period for requesting that the Tribunal review the suspension under clause 31 (1) (a) or for commencing an appeal of the suspension before the Tribunal under clause 31 (1) (b), as applicable, has expired and no review or appeal has been requested or commenced or, following a hearing in a review or appeal, the suspension remains in place.

Effect of suspension

(6) If the authorization is a permit, the permit holder shall not, during the suspension, perform any research and evaluation activities or carbon storage activities authorized by the permit except as necessary to comply with the requirements of the notice under subsection (1).

Contents of notice

(7) The notice under subsection (1) shall set out the following:

1. The reasons for the suspension.

2. The specific actions that the authorization holder is required to take or desist from taking.

3. A statement informing the authorization holder of the authorization holder’s rights under subsection 31 (1).

4. A statement that the suspension will be lifted once the authorization holder has complied with the notice to the satisfaction of the Minister and that, if the authorization holder does not comply with the notice within the time period specified, the Minister may revoke the authorization, subject to the authorization holder requesting a review or commencing an appeal.

5. Any additional information prescribed by the regulations made by the Minister.

Regulations, Part III

Lieutenant Governor in Council

21 (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing restrictions for the purposes of any of subsections 11 (3), 12 (1) and (6) and 17 (2);

(b) prescribing public pore space that is excluded public pore space for the purposes of subsection 11 (4).

Minister

(2) The Minister may make regulations,

(a) respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister;

(b) prescribing classes of licences and permits and prescribing standard terms and conditions that apply to them;

(c) governing applications in respect of authorizations, including setting out both substantive and procedural requirements for the issuance of authorizations;

(d) governing the Minister’s determination of whether an application is a complete application for the purposes of section 16 and the deeming of applications as having been withdrawn under that section, including specifying when there has been no meaningful progress for the purposes of clause 16 (5) (b);

(e) governing the period of validity and renewal of authorizations, including setting out both substantive and procedural requirements for the renewal of authorizations, requiring the payment of fees for renewal applications and determining when applications for renewal must be received;

(f) governing the transfer, suspension, revocation and surrender of authorizations;

(g) governing the rights and obligations of former holders of expired, suspended or revoked authorizations.

Part iv
Obligations and Operation and Closure of Carbon Storage Sites

General obligations

22 Any person performing activities contemplated by this Act shall,

(a) take every precaution reasonable in the circumstances to,

(i) ensure that the person’s employees, agents, contractors and subcontractors comply with this Act and the regulations and any order or authorization issued under this Act, and

(ii) eliminate or mitigate hazards and prevent potential hazards to the public or the environment stemming from activities carried out, as authorized or required by this Act or the regulations, or any order or authorization issued under this Act; and

(b) perform any activities authorized or required by this Act or the regulations or any order or authorization issued under this Act in a manner that protects public safety and the environment.

Tribunal conferral of rights over lands re carbon storage sites

Definition

23 (1) In this section,

“land” includes any right or interest in the land.

Order of Tribunal

(2) On application by a permit holder, the Tribunal may, by order, confer on the permit holder the right to enter onto and use any lands in order to do any of the following in connection with the proper working of a carbon storage site:

1. Perform any monitoring, measurement or verification activities that are required under this Act, the regulations or an order or authorization issued under this Act.

2. Gather information, take measurements or perform assessments, including conducting or preparing surveys of land.

3. Prevent or mitigate a hazard to public safety or the environment.

Patented or unpatented land

(3) An order may be made in respect of any patented lands and unpatented lands.

Limitation

(4) An order may not confer the right to drill a well for the purposes of performing any of the activities referred to in subsection (2).

Compensation

(5) Rights shall not be conferred by the Tribunal under subsection (2) unless,

(a) any injury or damage that would be caused by the exercise of those rights can be adequately compensated; and

(b) the Tribunal is of the opinion that, in light of all the circumstances, it is reasonable to confer the right.

Same

(6) Any person who has sustained injury or damage to the person’s land, rights or interests due to the conferral of a right under subsection (2) or the exercise of that right shall be compensated in accordance with the order conferring that right, but the permit holder exercising the right shall take reasonable steps not to cause any unnecessary injury or damage to the person’s land, property, rights or interests.

Contents of order

(7) An order under subsection (2) shall fix the compensation to which a person is entitled under subsection (6) or set out a manner for determining that compensation and shall include the time period within which the compensation must be paid.

Same

(8) The Tribunal may include in an order under subsection (2) any provisions that the Tribunal considers appropriate for securing the compensation to which a person is entitled under subsection (6) and for protecting the rights and interests of any person whose land, property, rights or interests may be affected by the conferral of a right under subsection (2) or the exercise of that right, including provisions requiring the applicant to make grants or concessions or to construct works or do anything for the person or the person’s land or property or for the benefit of the person or the person’s land or property.

Terms and conditions

(9) The Tribunal may include in an order under subsection (2) any other terms and conditions that the Tribunal considers appropriate and may provide that the right only be conferred for a specified time period.

Content of application

(10) An application for an order under subsection (2) shall include,

(a) a clear statement of,

(i) the right or rights being applied for,

(ii) the land or property affected by the conferral or exercise of that right or those rights, and

(iii) to the extent that they can be ascertained, the owner or owners of that land or property;

(b) a map or plan of the locality showing the land, including land covered by water, at issue;

(c) detailed plans and specifications of the works or things proposed to be constructed or done; and

(d) any additional information or documents prescribed by the regulations.

Additional information or documents

(11) The Tribunal may require that an application include additional information or documents.

Order re preparation of materials

(12) For the purposes of preparing any information or documents required for an application, the Tribunal may, by order, authorize the applicant and any person employed or retained by the applicant to enter onto the land of any other person and perform such examinations and take such measurements as may be necessary.

Application materials

(13) Any information or documents included in an application may, with the approval of the Tribunal, be amended at any stage of the proceedings.

Notice and service

(14) The Tribunal may, by order, require the applicant to give notice of the application to interested parties identified by the Tribunal and may specify in the order the contents of the notice and the time period and manner in which the applicant must serve the notice on the interested parties.

Notice to Minister

(15) The applicant shall provide a copy of the application to the Minister no later than 10 days after submitting the application to the Tribunal.

Tribunal may change order

(16) The Tribunal may, by subsequent order, supplement, vary or rescind a previous order under subsection (2).

Descriptions

(17) An order under subsection (2) shall contain the legal descriptions of the lands affected by the order, and a plan or plans that clearly show the lands affected by the order shall be attached to the order.

Rights not to be exercised until after expiration of time for appeal

(18) A person on whom a right is conferred under this section may only enter on land and exercise the right once the time period for appealing the order conferring the right has expired or, if an appeal is commenced, once the appeal is disposed of, subject to any further restriction on the exercise of the right set out in the order.

Obstruction

(19) No person shall obstruct a person who is exercising a right granted under this section or wilfully contravene an order under this section.

Orders to cease carbon injection

24 (1) The Minister may order a permit holder to temporarily or permanently cease injecting carbon dioxide into a storage repository beginning on the effective date specified in the order if the Minister has reasonable grounds to believe that,

(a) carbon dioxide is no longer being contained, or is at risk of ceasing to be contained, within the area of the storage repository identified in the permit holder’s permit;

(b) the permit holder has contravened, is contravening or will contravene this Act, the regulations or an order or permit issued under this Act;

(c) a well, storage repository or ancillary work that forms part of the carbon storage site constitutes or is about to become a hazard to the public or the environment or is or is about to be used in a manner that constitutes a hazard to the public or the environment;

(d) no carbon dioxide has been injected into the storage repository for the time period prescribed by the regulations made by the Minister; or

(e) any other circumstances prescribed by the regulations made by the Minister exist.

Contents of order

(2) An order under subsection (1) shall,

(a) specify the reasons for which the order was issued and a description of the grounds on which the Minister relied in making the order;

(b) indicate the effective date of the order; and

(c) include any additional information prescribed by the regulations made by the Minister.

Closure order

(3) The Minister may, while an order issued under subsection (1) is still in effect, order the permit holder to close any carbon storage site as of the date specified in the order if,

(a) remedial work to remedy the issue that led to the issuance of the order or to prevent the circumstances that led to the issuance of the order from recurring, or to do both, has not been carried out within the time period specified in the order;

(b) despite remedial work referred to in clause (a) having been carried out, it has not adequately addressed the issue that led to the issuance of the order or will not adequately prevent the circumstances that led to the issuance of the order from recurring; or

(c) as of the effective date, no carbon dioxide had been injected into the storage repository for, at a minimum, the time period prescribed by the regulations made by the Minister.

Combined order

(4) A single order issued under subsections (1) and (3) may both require carbon dioxide to permanently cease to be injected into a storage repository and the closure of the carbon storage site as of a specified date, provided that,

(a) the order is being issued under clauses (1) (d) and (3) (c); or

(b) the Minister is of the opinion that no remedial work would adequately address the issue leading to the issuance of the order to cease injecting carbon dioxide into the storage repository or prevent the circumstances leading to the issuance of that order from recurring.

Terms and conditions of closure order

(5) An order issued under this section may set out such terms and conditions as the Minister considers advisable, including specific requirements regarding the closure of the carbon storage site.

Revocation of order

(6) The Minister may amend or revoke an order issued under this section at any time.

Closure of a carbon storage site

25 (1) A permit holder shall not close a carbon storage site unless the conditions prescribed by the regulations made by the Minister have been met and the permit holder has obtained the written approval of the Minister.

Same, closure without approval

(2) Despite subsection (1), a permit holder may close a carbon storage site without the written approval of the Minister in the circumstances set out in the regulations made by the Minister.

Closure ordered by Minister

(3) Subsection (1) does not apply when the Minister has ordered the closure of the carbon storage site under subsection 24 (3).

Conditional approval

(4) The Minister may make the approval conditional by specifying in writing the conditions that must be met before the approval is valid.

Closure obligations

(5) A permit holder who is required to close a carbon storage site or who wishes to close a carbon storage site and is permitted to do so under this section shall,

(a) decommission all wells, storage repositories and ancillary works that make up the carbon storage site, in accordance with this Act, the regulations made by the Minister, the permit holder’s permit and, if applicable, the conditions of the approval or the order to close the carbon storage site;

(b) remediate and restore the lands used for the carbon storage site in accordance with the regulations made by the Minister, the permit holder’s permit and, if applicable, the conditions of the approval or the order to close the carbon storage site;

(c) for the duration of the time period prescribed by the regulations made by the Minister, continue to manage the carbon storage site in accordance with this Act, the regulations made by the Minister and any applicable orders or authorizations issued under this Act;

(d) perform the notification and consultation activities and procedures as set out in the regulations made by the Minister;

(e) satisfy any other conditions of the approval or order to close the carbon storage site, if applicable; and

(f) satisfy any other requirements relating to the closure of the carbon storage site that are set out in any authorization issued in relation to the carbon storage site or in the regulations made by the Minister.

Closure certificate and transfer of liabilities

26 (1) A storage permit holder is eligible to request from the Minister a closure certificate for a carbon storage site once all of the following have occurred:

1. The storage permit holder has obtained the Minister’s approval to close the carbon storage site or has been issued an order to close the carbon storage site or, if the permit holder is permitted to close the carbon storage site under subsection 25 (2), any actions or steps prescribed by the regulations made by the Minister have been completed.

2. The storage permit holder has satisfied the requirements of section 25.

3. The time period mentioned in clause 25 (5) (c) has elapsed.

Issuance of certificate

(2) The Minister shall issue a closure certificate to a storage permit holder who is eligible to request one and who applies for it in accordance with the regulations made by the Minister if,

(a) the Minister is satisfied that the carbon dioxide stored within a storage repository is behaving in a stable and predictable manner and that there is no significant risk of future leakage of the carbon dioxide; and

(b) any conditions prescribed by the regulations have been met and any circumstances prescribed by the regulations exist.

Assumption of liability post-closure

(3) Subject to any restrictions or exceptions set out in the regulations or in the closure certificate, upon its issuance, the Crown,

(a) assumes all obligations of the holder of the storage permit for the carbon storage site with respect to the wells, storage repositories and ancillary works making up the carbon storage site for which the certificate was issued;

(b) becomes the owner of the wells and ancillary works making up the carbon storage site for which the certificate was issued, but free and clear of all interests, charges and liens, and assumes responsibility for operating them; and

(c) assumes any rights, duties or obligations prescribed by the regulations.

Same

(4) The closure certificate shall set out the specific rights, duties or obligations assumed by the Crown, including any restrictions or exceptions set out in the regulations.

Revocation of closure certificate

(5) The Minister may revoke a closure certificate at any time if the Minister is of the opinion that the person to whom it was issued failed to disclose or misrepresented a material fact when requesting the closure certificate.

Reversion

(6) If a closure certificate is revoked under subsection (5), the rights that vested in and the duties and obligations assumed by the Crown in accordance with the closure certificate revert to the person whose closure certificate was revoked.

Assumption of rights etc., before issuance of closure certificate

(7) In the absence of a closure certificate, the Crown may, in accordance with the regulations, assume any or all of the rights, duties or obligations referred to in subsection (3) if,

(a) the storage permit holder for the site is deemed incapable of acting within the meaning of subsection 1 (4); or

(b) the Minister revokes a carbon storage permit in accordance with subsection 19 (1) or 20 (5).

Insurance coverage

27 An authorization holder shall obtain and maintain insurance coverage as required by the regulations and, if requested by the Minister, shall provide proof of insurance coverage to the Ministry of the Minister within 10 days after having received the request.

Provision of information

28 (1) An authorization holder or former authorization holder shall provide to the Minister, upon the Minister’s written request, any information related to an authorization or any activities conducted under the authority of an authorization in the custody or under the control of the authorization holder or former authorization holder.

Same

(2) Any other person who has in their custody or under their control any information referred to in subsection (1) shall, upon the Minister’s written request, provide the information to the Minister.

Regulations, Part IV

Lieutenant Governor in Council

29 (1) The Lieutenant Governor in Council may make regulations,

(a) governing orders of the Tribunal under section 23, including prescribing information and documents for the purposes of clause 23 (10) (d) and requiring that the orders be registered on title to the lands affected by the order;

(b) prescribing conditions and circumstances for the purposes of clause 26 (2) (b);

(c) prescribing restrictions or exceptions for the purposes of subsection 26 (3);

(d) prescribing rights, duties and obligations for the purposes of clause 26 (3) (c) and governing those rights, duties and obligations, including providing that the Crown assumes specified rights, duties and obligations prescribed for the purposes of that clause in respect of previously issued closure certificates;

(e) governing the reversion of rights, duties and obligations following the revocation of a closure certificate under subsection 26 (5);

(f) governing the assumption of rights, duties and obligations in the absence of a closure certificate by application of subsection 26 (7);

(g) governing the insurance coverage that authorization holders are required to obtain and maintain under section 27.

Minister

(2) The Minister may make regulations,

(a) respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister;

(b) governing the construction, use, maintenance and decommissioning of wells, storage repositories and ancillary works and any other activities on or in a well, storage repository or ancillary work;

(c) governing the remediation and restoration of land used in association with a carbon storage site;

(d) regulating the location and spacing of wells;

(e) prohibiting the drilling of wells in specified areas and storage repositories;

(f) requiring authorization holders to preserve drilling and production samples and cores and to provide those samples and cores to specified persons;

(g) requiring authorization holders to pay any sample or core processing fees charged by persons to whom the authorization holder is required to provide the samples or cores;

(h) governing the preparation and maintenance of records by authorization holders and former authorization holders, including,

(i) requiring them to prepare and maintain specified records or reports, take samples, conduct tests or make surveys and prepare and maintain records of any such samples, tests and surveys, including requiring them to do so at the request of the Ministry of the Minister,

(ii) requiring them to provide anything referred to in subclause (i) to the Ministry of the Minister or to the public and to do so in the form or manner specified by the Minister;

(i) requiring authorization holders that are corporations to notify the Ministry of the Minister of specified changes affecting the corporation, such as a change to the corporation’s officers or directors, the bankruptcy of the corporation or its dissolution;

(j) requiring authorization holders to provide information or reports to municipalities.

Part V
Reviews and Appeals before Tribunal

Notices of proposal

30 (1) Subject to subsections (4) and (5), the Minister shall provide an applicant for an authorization or an authorization holder, as the case may be, with written notice if the Minister proposes to,

(a) impose terms and conditions on an authorization, other than any standard terms and conditions required by the regulations made under clause 21 (2) (b), or refuse to issue an authorization;

(b) amend an authorization at the Minister’s discretion;

(c) refuse, in whole or in part, an application to amend an authorization;

(d) refuse to consent to the transfer of an authorization;

(e) add terms or conditions to the consent to transfer an authorization;

(f) revoke an authorization;

(g) issue or amend an order to temporarily or permanently cease injection into a storage repository or to close a carbon storage site; or

(h) add conditions to an approval to close a carbon storage site under subsection 25 (4).

Restriction on carrying out proposal

(2) The Minister may only carry out the proposal,

(a) if the person who receives the notice of proposal under subsection (1) does not commence a review or appeal within the time period required under subsection 31 (2) or provides written notice to the Minister that the person waives any right to a review or appeal; or

(b) as provided for in sections 32 or 33, if a review or appeal is commenced by the person who receives the notice of proposal under subsection (1).

Contents of notice

(3) The notice required under subsection (1) shall,

(a) provide a description of the proposal and reasons in support of the proposal;

(b) inform the recipient of the recipient’s rights under section 31; and

(c) include any additional information prescribed by the regulations made by the Minister.

Notice of proposal not required

(4) The Minister may carry out a decision referred to in subsection (1) without giving a notice of proposal under that subsection in any of the following circumstances:

1. The applicant or authorization holder is deemed incapable of acting within the meaning of subsection 1 (4) and, if the authorization holder is a deceased individual, no person has been issued a certificate of appointment of estate trustee in relation to the estate and more than a year has passed since the date of the death.

2. Such circumstances as may be prescribed by the regulations.

Same, decisions following OEB report or Tribunal order

(5) In the case of a decision of the Minister under section 14 or 15, the Minister may carry out the decision without giving a notice of proposal, with the exception of any aspect of the decision that is not done on the recommendation of the Ontario Energy Board or as ordered by the Tribunal, and a notice of proposal must be given under this section for those aspects of the decision.

Reviews and appeals

31 (1) A person who receives a notice of proposal under subsection 30 (1) or a notice of suspension under subsection 20 (1) may,

(a) have the Tribunal review the proposal, including any specific aspect of the proposal, if the notice relates to,

(i) a research and evaluation licence, or

(ii) a storage licence; or

(b) appeal the proposal, including any specific aspect of the proposal, to the Tribunal if the notice relates to,

(i) a research and evaluation permit,

(ii) a storage permit,

(iii) an order to temporarily or permanently cease injection of carbon dioxide into a storage repository,

(iv) a conditional approval under subsection 25 (4), or

(v) an order to close a carbon storage site.

Procedure

(2) In order to commence a review or appeal, a person who receives a notice referred to in subsection 30 (1) or subsection 20 (1) must provide a written notice setting out the grounds for the review or appeal and any other information prescribed by the regulations made by the Minister to the Tribunal and the Minister within 30 days after having received the notice.

Hearing

(3) The Tribunal shall hold a hearing into the proposal, and the Minister and the person who commenced the review or appeal are entitled to be heard at the hearing.

Disposition of review, licences

32 (1) After holding a hearing into a notice that is subject to review under clause 31 (1) (a), the Tribunal shall provide a report to the Minister with its recommendations on the proposal and, within 10 days after submitting its report to the Minister, send a copy of the report to the person who had commenced the review.

Minister’s decision

(2) After considering the Tribunal’s report, the Minister shall decide whether or not to carry out the proposal and shall give written notice of the decision and the reasons for it to the person who had commenced the review, after which the Minister may carry out the proposal.

Same

(3) For greater certainty, the Minister may carry out the proposal, with any changes to the proposal that the Minister considers appropriate, even if doing so is inconsistent with the recommendations of the Tribunal.

Decision

(4) The Minister’s decision under subsection (2) is final.

Disposition of appeal, permits

33 (1) After holding a hearing into a notice that is subject to appeal under clause 31 (1) (b), the Tribunal may issue an order,

(a) in the case of a notice of proposal,

(i) directing the Minister to carry out the proposal as set out in the notice,

(ii) directing the Minister not to carry out the proposal as set out in the notice, or

(iii) directing the Minister to take such other action that the Minister is authorized to take under this Act and that the Tribunal considers appropriate; or

(b) in the case of a notice of suspension,

(i) confirming or rescinding the suspension, or

(ii) confirming the suspension but modifying its terms, including by requiring the permit holder to take or desist from taking additional or different actions within the time period specified by the Tribunal in order for the suspension to be lifted.

Minister to carry out direction

(2) The Minister shall comply with an order of the Tribunal issued under subsection (1) within 30 days after having received it.

Decision final

(3) The Minister’s decision, as directed by the Tribunal, is final.

Regulations, Part V

Lieutenant Governor in Council

34 (1) The Lieutenant Governor in council may make regulations prescribing additional circumstances for the purposes of paragraph 2 of subsection 30 (4).

Minister

(2) The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by regulations made by the Minister.

Part VI
Enforcement

Definitions

35 In this Part,

“enforcement officer” means an enforcement officer under section 49; (“agent d’exécution”)

“inspector” means an inspector under section 37; (“inspecteur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway. (“véhicule”)

Review by third party

36 (1) Subject to any restrictions set out in the regulations, the Minister may order an authorization holder to retain an independent third party approved by the Minister to conduct a review of the authorization holder’s compliance with this Act, the regulations or any orders or authorizations issued under this Act.

Regulations

(2) The independent third party shall be retained and the review shall be conducted in accordance with the regulations.

Report to the Ministry

(3) The independent third party conducting the review shall, in accordance with the regulations, prepare a report on the review and provide it to the Minister and to the authorization holder.

Costs

(4) Except as otherwise provided by the regulations, the cost of a review under this section shall be paid by the authorization holder in accordance with the regulations.

Report

(5) The authorization holder shall take all steps necessary to address any non-compliance identified by the independent third party and to implement any recommendations set out in the report.

Inspectors, appointment

37 (1) The Minister may appoint a person or designate a class of persons as inspectors for the purposes of this Act and the regulations.

Inspectors by virtue of office

(2) Enforcement officers are inspectors for the purposes of this Act by virtue of their office.

Production of identification

(3) An inspector acting under this Act shall, on request, produce identification.

Inspection to determine compliance

38 (1) An inspector may enter and inspect any land, building or other place without a warrant and without the consent of the owner or occupier if the inspector has reasonable grounds to believe that doing so would assist in determining compliance with,

(a) this Act or the regulations;

(b) an authorization;

(c) an approval to close a carbon storage site; or

(d) an order made by an inspector, the Minister, the Tribunal or a court under this Act.

Powers during inspection

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

(a) authorize any other person acting under the inspector’s direction to enter the land, building or other place, with or without the inspector, for the purpose of assisting the inspector;

(b) be accompanied by any person, at the request of the inspector, who has special or expert knowledge of any matter in relation to a carbon storage site or the handling or use of a well, storage repository or ancillary work or a part of a well, storage repository or ancillary work;

(c) at any time occupy, use or take control of a well, storage repository or ancillary work making up a carbon storage site;

(d) require the production of any drawing or specification of any component of a carbon storage site or of any authorization, record or report;

(e) inspect any drawing, specification, authorization, record or report produced under clause (d);

(f) require information from any person concerning any matter related to a carbon storage site or the handling and use of any well, storage repository or ancillary work making up a carbon storage site;

(g) require the authorization holder or an employee, agent, contractor or subcontractor of the authorization holder to make such examinations, tests or inquiries as may be relevant to the inspection and to report to the inspector on the examinations, tests and inquiries in such form as the inspector may specify;

(h) alone, or in conjunction with such other persons possessing special or expert knowledge, make such examinations, tests or inquiries as may be relevant to the inspection and for such purpose take or remove any material or substance, provided that, before the material or substance is taken or removed, the inspector gives as much notice as reasonably possible to the authorization holder that the material or substance will be taken or removed;

(i) access any computer system or other device that contains or is able to retrieve information or require that the computer or device be accessed, for the purpose of examining information contained in or available to the computer system or other device that may be relevant to the inspection, and produce a printout or other output from the computer system or other device of information that is relevant to the inspection or require that such an output be produced;

(j) make copies of any documents inspected or produced during the inspection that may be relevant to the inspection; or

(k) remove any documents or things that may be relevant to the inspection for the purpose of making copies or of further inspection, but the copying or further inspection shall be promptly carried out and the documents or things shall be promptly returned to the person from whom they were taken.

Dwellings

(3) Subsection (1) and clause (2) (a) do not authorize an inspector or a person acting under an inspector’s direction to enter a building or a part of a building that is being used as a dwelling unless the occupier of the dwelling consents to the entry.

Warrant for dwelling

(4) On application without notice, a justice may issue a warrant authorizing an inspector to enter and inspect a building or a part of a building that is being used as a dwelling if the justice is satisfied by information under oath or affirmation that there are reasonable grounds to believe that,

(a) an inspection under this section is required for the purpose set out in subsection (1); and

(b) entry has been refused or is likely to be refused.

Same, application for warrant

(5) An application under subsection (4) shall specify that the warrant is to enter and inspect a building or a part of a building that is being used as a dwelling.

Police assistance

(6) A warrant issued under this section authorizes the inspector named in the warrant to call upon police officers as necessary to execute the warrant.

Duty to assist

(7) It is the duty of every police officer called to render assistance under subsection (6) to render the assistance.

Conditions

(8) A warrant is subject to such conditions as may be specified in the warrant.

Time of entry

(9) An entry under subsection (1) shall be made at a time that is reasonable in view of the activity that is conducted on the land or in the building or other place.

Stopping vehicles and boats to inspect

39 (1) An inspector may stop a vehicle or a boat if the inspector has reasonable grounds to believe that stopping the vehicle or boat would assist in determining compliance with,

(a) this Act or the regulations;

(b) an authorization;

(c) an approval to close a carbon storage site; or

(d) a provision of an order made by an inspector, the Minister, the Tribunal or a court under this Act.

Operator to stop

(2) On the inspector’s signal to stop, the operator of the vehicle or boat shall immediately stop and produce for inspection a document or any thing requested by the inspector that is relevant to the purpose for which the vehicle or boat was stopped.

Stop signals

(3) For the purpose of subsection (2), signals to stop include,

(a) a hand signal to stop made by the inspector;

(b) if the inspector is in a vehicle, intermittent flashes of red light or red and blue light; and

(c) if the inspector is in a boat, intermittent flashes of blue light.

Assisting inspector

40 A person shall give all reasonable assistance to an inspector conducting an inspection and shall provide any information requested by the inspector that is relevant to the inspection.

Obstruction of inspector

41 No person shall,

(a) knowingly make a false or misleading statement to an inspector who is acting under this Act;

(b) refuse to furnish information required by an inspector who is acting under this Act; or

(c) otherwise obstruct an inspector who is acting under this Act.

Orders by inspectors where non-compliance

42 (1) If an inspector has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene any provision of this Act or the regulations, a term or condition of an authorization or any provision of an order issued under this Act, the inspector may give to the person whom the inspector believes to be the contravener or the person’s supervisor, or to both, an order directing compliance with the provision, term or condition and may require the order to be carried out immediately or within a time period specified by the inspector.

Notice to authorization holder

(2) If the order is not given to an authorization holder under subsection (1), the inspector shall provide a copy of the order to the relevant authorization holder.

Contents of order

(3) An order under subsection (1) shall,

(a) be made in writing;

(b) state the reasons for the order, including specifying the provision, terms or conditions that the inspector believes are, have been or are about to be contravened;

(c) specify what the person is required to do to remedy the contravention or keep it from recurring;

(d) specify the time period within which the person must comply with the order;

(e) indicate the date on which it was issued;

(f) state that the person may appeal the order to the Minister under subsection 47 (1); and

(g) include any additional information prescribed by the regulations.

Order re preventative measures

43 (1) If an inspector has reasonable grounds to believe that a carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site constitutes a hazard to the public or to the environment or is about to become a hazard to the public or to the environment, the inspector may, in writing, order the holder of the permit under whose authority the carbon storage site is operated to do any of the following with respect to the carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site:

1. To assess the potential hazard or to decrease or eliminate the likelihood of the hazard occurring or recurring and to make a written report to the inspector on the actions taken.

2. To develop a plan or procedure to assess the potential hazard or to decrease or eliminate the likelihood of the hazard occurring or recurring, to implement the plan or procedure and to provide to the inspector a copy of the plan or procedure and a written report on the actions taken to implement the plan or procedure.

3. To ensure the appropriate equipment, material and personnel are available to assess the potential hazard or to decrease or eliminate the likelihood of the hazard occurring and to make a written report to the inspector on the actions taken.

4. To test for or to monitor and record the potential presence of the hazard and to report the findings, in writing, to the inspector.

5. To take or desist from taking any other action prescribed by the regulations.

Plan or procedure

(2) A permit holder who has been ordered to develop a plan or procedure under paragraph 2 of subsection (1) shall, in accordance with the regulations, develop and implement the plan or procedure and shall revise the plan or procedure as required by the regulations.

Order to decommission a well or ancillary work

44 An inspector may, in writing, order a permit holder to decommission a well or ancillary work within a time period that the inspector considers appropriate if the inspector is of the opinion that the well or ancillary work represents a hazard to the public or to the environment.

Direction that ancillary work etc., not be used

45 An order under section 42, 43 or 44 may include in the order a direction that,

(a) a well, storage repository or ancillary work not be used until the order is complied with; or

(b) an activity permitted by an authorization not be performed.

Affixing tags

46 (1) An inspector may affix a tag to a well or ancillary work if,

(a) the inspector has issued an order under section 42, 43 or 44 that relates to the well or ancillary work;

(b) the Minister has issued an order to close a carbon storage site and the well or ancillary work makes up a part of the site; or

(c) the well or ancillary work may not be used because of an order to temporarily or permanently cease injecting carbon dioxide.

Notification

(2) An inspector who affixes a tag to a well or ancillary work shall notify, in writing, the relevant permit holder and any person found operating the well or ancillary work at the time at which the tag is affixed of the fact that the tag has been affixed to the well or ancillary work.

Use of tagged well or ancillary work

(3) If a tag is affixed to a well or ancillary work, no person shall,

(a) use the well or ancillary work; or

(b) knowingly remove any substance from, or supply any substance to, the well or ancillary work.

No removal of tag

(4) No person, other than an inspector, shall remove a tag affixed to a well or ancillary work.

Appeal from inspector’s order

47 (1) Any person to whom an order of an inspector has been issued may appeal the order to the Minister within 30 days after the order is made by giving the Minister a written notice setting out the grounds for the appeal and paying any fee established by the Minister.

Minister’s designee

(2) The Minister may designate, as the Minister’s designee for the purpose of disposing of an appeal under this section,

(a) a single individual;

(b) a panel of three individuals or such greater odd number of individuals, who shall act by majority vote; or

(c) the Tribunal.

Appeal body

(3) For the purposes of this section, a reference to the appeal body is a reference to the Minister or, if the Minister makes a designation under subsection (2), to whoever the Minister has designated under that subsection to dispose of the appeal.

Application of Statutory Powers Procedure Act

(4) The Statutory Powers Procedure Act does not apply to appeals of an inspector’s order under this section, unless the Minister designates the Tribunal under subsection (2), in which case that Act applies to the appeal and subsections (5) to (8) do not apply to the appeal.

Dismissal of appeal without hearing

(5) The appeal body may dismiss an appeal under this section without a hearing if,

(a) the appeal is frivolous or vexatious or is commenced in bad faith; or

(b) the appellant has not complied with subsection (1) in commencing the appeal.

Notice

(6) Before dismissing the appeal without a hearing, the appeal body shall give the appellant a written notice that,

(a) states that the appeal body intends to dismiss the appeal;

(b) sets out the reasons for the dismissal; and

(c) notifies the appellant of the appellant’s right to make written submissions with respect to the dismissal within the time period specified in the notice.

Right to make submissions

(7) An appellant who receives a notice may make written submissions to the appeal body with respect to the dismissal within the time period specified in the notice.

Dismissal

(8) The appeal body shall not dismiss the appeal until the appeal body has given notice of its intent to dismiss the appeal and considered the submissions, if any, made by the appellant.

Powers after hearing

(9) If the appeal body hears the appeal, the appeal body may substitute the appeal body’s findings or opinions for those of the inspector who made the order appealed from, and may,

(a) make an order rescinding the inspector’s order;

(b) make an order affirming the inspector’s order; or

(c) make a new order in substitution for the inspector’s order.

Appeal body’s order

(10) The appeal body’s order under subsection (9) stands in place of and has the same effect as the inspector’s order and, for all purposes of this Act, shall be considered to be an order of the inspector.

Stay of orders pending appeal

(11) Subject to subsection (12), the bringing of an appeal under this section does not affect the operation of the order appealed from pending disposition of the appeal.

Stay, decommissioning orders

(12) The bringing of an appeal stays an order to decommission a well, storage repository or ancillary work pending disposition of the appeal.

Ministerial action re carbon storage site

48 (1) The Minister may direct that any action be taken to prevent or eliminate a hazard to the public or the environment that has resulted from or is likely to result from a contravention under this Act in respect of which an inspector’s order has been issued if the contravention relates to a carbon storage site or any well, storage repository or ancillary work that makes up the carbon storage site and if,

(a) the authorization holder is deemed incapable of acting within the meaning of subsection 1 (4); and

(b) the Minister has reasonable grounds to believe that the action would prevent or eliminate the hazard.

Entry onto land

(2) A person acting under the direction of the Minister may enter onto the land on which a well, storage repository or ancillary work is located or onto adjacent land without a warrant under subsection (4) if,

(a) the entry is made with the consent of an occupier or owner of the land; or

(b) the Minister has reasonable grounds to believe that the delay necessary to obtain a warrant under subsection (4) would,

(i) endanger the health or safety of any person, or

(ii) result in damage to the environment or serious risk of damage to the environment.

Dwellings

(3) Subsection (2) does not authorize a person acting under the direction of the Minister to enter a building or a part of a building that is being used as a dwelling unless the occupier of the dwelling consents to the entry.

Warrants authorizing entry

(4) On application without notice, a justice may issue a warrant authorizing a person acting under the direction of the Minister to enter onto land referred to in subsection (2) and to enter and inspect a building or a part of a building that is being used as a dwelling if the justice is satisfied by information under oath or affirmation that there are reasonable grounds to believe that,

(a) the entry is necessary to comply with the Minister’s direction; and

(b) consent to the entry has been refused or is likely to be refused.

Content of warrant

(5) A warrant issued under subsection (4) shall,

(a) specify the times during which the warrant may be carried out;

(b) specify that the warrant is to enter a building or a part of a building that is used as a dwelling, if applicable; and

(c) state when the warrant expires.

Renewal

(6) Before or after the warrant expires, a justice may renew the warrant for such additional periods as the justice considers necessary.

Use of force

(7) A person acting under the direction of the Minister and authorized to enter onto land under subsection (2) or under a warrant referred to in subsection (4) may use reasonable force if necessary to enter onto the land and carry out the Minister’s direction, provided that the person is a police officer or an enforcement officer or is accompanied by a police officer or an enforcement officer.

Police assistance

(8) A warrant issued under this section authorizes the inspector named in the warrant to call upon police officers as necessary to execute the warrant.

Duty to assist

(9) It is the duty of every police officer called to render assistance under subsection (8) to render the assistance.

Recovery of costs

(10) The Minister may recover the costs of any action taken in accordance with the Minister’s direction by doing one or both of the following:

1. Requiring, by written notice, that payment be made to the Minister of Finance by,

i. the authorization holder, or

ii. if the authorization holder is a deceased individual, the deceased’s estate.

2. Applying any security provided under this Act in relation to the carbon storage site to some or all of the costs.

Replenishment of security

(11) If any portion of the security is applied to the costs under subsection (10), any person referred to in paragraph 1 of that subsection shall, at the written request of the Minister, replenish the security account by the amount applied.

Payment

(12) A person who has been requested to make a payment under subsection (10) or replenish a security under subsection (11) shall do so within 30 days after having received the written notice or request.

Enforcement officers

49 (1) The Minister may appoint persons or designate a class of persons as enforcement officers for the purposes of this Act and the regulations.

Enforcement officers by virtue of office

(2) For the purposes of this Act and the regulations, a conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 or of a class of persons appointed as conservation officers under that subsection as well as any other persons prescribed by the regulations or of a class of persons prescribed by the regulations are enforcement officers by virtue of their office.

Production of identification

(3) An enforcement officer acting under this Act shall, on request, produce identification.

Warrants re offences

50 (1) An enforcement officer may obtain a search warrant under Part VIII of the Provincial Offences Act.

Warrantless searches re offences

(2) If an enforcement officer believes on reasonable grounds that there is in a building or other place or in a vehicle or boat anything that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the enforcement officer may, without a search warrant, enter and search the building or other place or the vehicle or boat.

Dwellings

(3) Subsection (2) does not apply to a building or a part of a building that is being used as a dwelling unless the occupier of the dwelling consents to the entry.

Computers, etc.

(4) An enforcement officer who is conducting a search that is authorized by a search warrant or by subsection (2) may,

(a) access any computer system or other device that contains or is able to retrieve information or require that the computer system or other device be accessed for the purpose of examining information contained in or available to the computer system or other device; and

(b) produce or require the production of a printout or other output from the computer system or other device.

Warrant to conduct tests

(5) On application without notice, a justice may issue a warrant authorizing an enforcement officer to use any investigative technique or procedure or to take any action described in the warrant if the justice is satisfied by information under oath or affirmation that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained by taking the action or through the use of the technique or procedure.

Assistance

(6) A warrant referred to in subsection (1) or (5) may authorize any person specified in the warrant to accompany and assist the enforcement officer in the execution of the warrant.

Terms and conditions of warrant

(7) A warrant referred to in subsection (1) or (5) shall authorize the enforcement officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1) or (5), the warrant may, in respect of the alleged offence, authorize the enforcement officer to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search.

Duration

(8) A warrant issued under subsection (5) is valid for 30 days or for such shorter period as may be specified in it.

Further warrants

(9) A justice may issue further warrants under Part VIII of the Provincial Offences Act or subsection (5).

Production orders

51 (1) On application without notice, a justice may issue an order to a person, other than a person under investigation for an offence, requiring the person to do any of the following:

1. Produce documents or copies of documents certified to be true copies.

2. Produce data.

3. Prepare a document based on documents or data already in existence and produce it.

Content of order

(2) An order shall require the document or data to be produced within the time period, at the place and in the form specified in the order and require that it be given to an enforcement officer named in the order.

Grounds for order

(3) A justice may make an order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that,

(a) an offence under this Act has been or is being committed;

(b) the document or data will provide evidence respecting the offence; and

(c) the person who is subject to the order has possession or control of the document or data.

Conditions

(4) An order under subsection (1) may contain such conditions as the justice considers advisable.

Evidence

(5) A copy of a document produced under this section, that is certified to be a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document would have if it had been proved in the ordinary way.

No return of copies

(6) Copies of documents produced under this section are not required to be returned to the person who provided them.

Seizure and forfeiture

52 (1) An enforcement officer who is lawfully in a building or other place may, without a warrant, seize any thing in plain view if the enforcement officer believes on reasonable grounds that it,

(a) has been used in the commission of an offence under this Act;

(b) will afford evidence of the commission of an offence under this Act; or

(c) is intermixed with a thing referred to in clause (a) or (b).

Presence pursuant to warrant

(2) If an enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.

Safekeeping

(3) Subject to subsections (4) and (5), an enforcement officer shall deliver any thing that the enforcement officer seizes to a person authorized by the Minister for safekeeping.

Leaving with occupant

(4) Subject to subsection (5), an enforcement officer may leave a thing that the enforcement officer has seized in the custody of the occupant of the building or other place in which it was seized, in which case the occupant shall safeguard the thing until,

(a) an enforcement officer removes the thing;

(b) the occupant is notified by an enforcement officer that the investigation has concluded and that a charge will not be laid; or

(c) if a charge is laid, the defendant is acquitted or the charge is dismissed, withdrawn or is finally disposed of.

Thing delivered to justice

(5) Subsections (3) and (4) do not apply to a thing that is required to be delivered to a justice by a search warrant issued under Part VIII of the Provincial Offences Act.

Return of seized things

(6) Anything seized but not forfeited to the Crown under this section shall be returned to the person from whom it was seized if,

(a) a charge is not laid at the conclusion of the investigation; or

(b) a charge is laid but, when the prosecution is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.

Payment of fine

(7) If a person is convicted of an offence under this Act and a fine is imposed,

(a) a thing seized in connection with the offence but not forfeited to the Crown under this section shall not be returned until the fine has been paid; and

(b) if any part of the fine is due and unpaid for 15 days or more, a justice may order that the thing be forfeited to the Crown.

Forfeiture if identity unknown

(8) If the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure, the thing is forfeited to the Crown.

Forfeiture on conviction

(9) If a person is convicted of an offence under this Act, the justice may order that any other thing seized in connection with the offence be forfeited to the Crown.

Application of subs. (9)

(10) Subsection (9) applies in addition to any other penalty.

Disposition of forfeited thing

(11) A thing forfeited to the Crown shall be disposed of in accordance with the directions of the Minister.

Application by person with interest

(12) If a thing is forfeited to the Crown following a conviction under this Act, a person who claims an interest in the thing and who is not the person from whom the thing was seized or the person who was convicted may apply to a justice, not later than 30 days after the thing was forfeited, on notice to the Minister and to the person from whom the thing was seized, for an order directing that the thing be released to the person claiming the interest.

Conditions

(13) An order made under subsection (12) is subject to such conditions as may be imposed by the justice.

Arrest without warrant

53 (1) An enforcement officer may, without a warrant, arrest a person if the enforcement officer believes on reasonable grounds that the person is committing, has committed or is about to commit an offence under this Act.

Release by enforcement officer

(2) An enforcement officer who arrests a person under this section shall, as soon as practicable, release the person from custody, unless the enforcement officer has reasonable grounds to believe that,

(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to,

(i) establish the identity of the person,

(ii) secure or preserve evidence of or relating to the offence, or

(iii) prevent the continuation or repetition of the offence or the commission of another offence; or

(b) the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.

Appearance before justice

(3) Section 150 of the Provincial Offences Act applies, with necessary modifications, if the person arrested is not released.

Use of force

54 An enforcement officer may use reasonable force if necessary to exercise any of the powers in sections 50 and 53.

Obstruction of enforcement officer

55 No person shall,

(a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act;

(b) refuse to furnish information required by an enforcement officer who is acting under this Act; or

(c) otherwise obstruct an enforcement officer who is acting under this Act.

Offences

56 (1) No person shall,

(a) contravene an authorization, including any terms or conditions of the authorization;

(b) contravene an approval to close a carbon storage site, including a conditional approval;

(c) contravene an order issued under this Act by the Minister, an inspector, the Tribunal or a court;

(d) knowingly make a false statement or provide false information in a document required under this Act;

(e) fail to carry out the directions of an inspector;

(f) unlawfully tamper or interfere with a carbon storage site or any well, storage repository or ancillary work that makes up a carbon storage site; or

(g) cause or permit a carbon storage site or any well, storage repository or ancillary work that makes up a carbon storage site to be operated in a manner that results in a hazard to public safety or to the environment or cause or permit any activity related to a carbon storage site to be undertaken in such a manner.

Penalty

(2) A person who contravenes subsection (1) or contravenes any other provision of this Act or any provision of the regulations is guilty of an offence and, on conviction, is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both.

Convicted person must still comply with order

(3) A person’s conviction for the offence of contravening an order does not relieve the person from having to comply with the order and, in addition to imposing a fine, the convicting judge may require the person to do any work or take or desist from taking any action to comply with the order within the time period specified by the judge.

Increased penalty

(4) The maximum fine under subsection (2) may be increased by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the offence, including,

(a) costs that the person avoided or delayed incurring by committing the offence; or

(b) gains that the person accrued by committing the offence.

Directors and officers

(5) If a corporation commits an offence, every director or officer of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and on conviction is liable to the punishment provided for in subsection (2) and, as applicable, subsection (4), whether or not the corporation has been prosecuted or convicted.

Orders on conviction

(6) If a person is convicted of an offence, the court may, in addition to any other penalty, make one or more of the following orders:

1. An order requiring the person, within the time period specified, to take or desist from taking certain actions to prevent, decrease or eliminate any injury or damage that was a direct or indirect result of the offence committed by the person, including requiring the person to apply for an authorization under this Act.

2. At the request of a prosecutor, an order requiring the person to pay the Crown for all or part of any costs incurred by the Crown to remedy or prevent any hazard to the public or to the environment that directly or indirectly resulted, or may have resulted, from the offence committed by the person.

3. An order requiring the person to pay the Crown for all or part of any costs incurred by the Crown with respect to the seizure, storage or disposition of anything seized in connection with the offence committed by the person.

4. Such other order as the court considers proper to obtain compliance with this Act, the regulations, an order issued under this Act, other than a court order, or an authorization.

Presiding judge

(7) The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act.

Limitation period

(8) A proceeding in respect of an offence under this Act shall not be commenced more than five years after the occurrence of the last act or default upon which the contravention is based.

Regulations, Part VI

57 The Minister may make regulations respecting anything referred to in this Part as being prescribed or otherwise done by the regulations.

Part VII
Carbon Storage Stewardship Fund

Definition

58 In this Part,

“Fund” means the Carbon Storage Stewardship Fund established under subsection 59 (1).

Fund

59 (1) A fund known in English as the Carbon Storage Stewardship Fund and in French as Fonds d’intendance pour le stockage du carbone is established.

Dissolution of Fund

(2) The Lieutenant Governor in Council may, by regulation, dissolve the Fund.

Public Accounts

(3) The Fund shall be reported as an account in the Public Accounts.

Amounts recorded in the Fund

(4) The following amounts shall be recorded in the Fund:

1. The amount of money paid into the fund under subsection (5).

2. Amounts credited to the Fund under subsection (6).

3. Interest credited to the Fund in accordance with subsection (7).

4. Money from sources prescribed by the regulations.

Payments to the Fund

(5) An authorization holder and any other person prescribed by the regulations shall, as required by and in accordance with the regulations, pay money into the Fund.

Fund may be subsidized

(6) Treasury Board, having regard to the Fund’s condition, expenditures and forecasted liability, may direct that the Fund be credited with such an amount as may be considered necessary or advisable to subsidize the Fund.

Interest credited to Fund

(7) Interest shall be credited to the Fund at such rate, at such times and computed in such a manner as determined by the Lieutenant Governor in Council.

Authorized charges

60 Subject to the regulations, amounts not exceeding the balance of the Fund may be charged to the Fund and paid out of the Consolidated Revenue Fund for the following purposes:

1. To fund expenses incurred by the Crown in exercising rights or fulfilling duties or obligations that it assumed under a closure certificate or by application of subsection 26 (7).

2. To fund liabilities of the Crown that it assumed under a closure certificate or by application of subsection 26 (7).

3. To fund expenses incurred by the Crown in connection with the administration of the Fund.

4. To reimburse the Crown for expenditures it has incurred, directly or indirectly, for any purpose described in paragraph 1, 2 or 3.

5. Any additional purpose prescribed by the regulations.

Regulations, Part VII

Regulations

61 The Lieutenant Governor in Council may make regulations,

(a) prescribing the purposes of the Fund;

(b) prescribing sources of money for the purposes of paragraph 4 of subsection 59 (4);

(c) governing payments into the fund under subsection 59 (5), including prescribing persons required to pay money into the Fund, the types of payments that are required to be made and the amounts, or methods of determining the amounts, required to be paid into the fund and governing the timing of such payments;

(d) providing for expenditures that may not be charged to the Fund and paid out of the Consolidated Revenue Fund;

(e) prescribing additional purposes for the purposes of paragraph 5 of section 60;

(f) restricting the use of monies in the Fund and prescribing expenditures or activities that are not eligible to receive funding;

(g) addressing any matters arising from the dissolution of the Fund.

Part VIII
General

Forms

62 The Minister may approve forms for the purposes of this Act and provide for their use.

Regulations, general

Lieutenant Governor in Council

63 (1) The Lieutenant Governor in Council may make regulations,

(a) defining any term or expression used in this Act that is not defined in this Act;

(b) prescribing matters or considerations that the Minister, the Minister’s designee under subsection 47 (2), the Tribunal or the Ontario Energy Board must consider in making any decisions under this Act;

(c) clarifying any questions of ownership of or rights in respect of land or pore space arising from the application of this Act, including any questions stemming from the application of Part II and the making, amendment or revocation of a regulation under subsection 8 (1);

(d) requiring and governing the registration of notices on title with respect to lands that may be affected by the construction, use, maintenance, decommissioning and closure of a carbon storage site;

(e) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Minister

(2) The Minister may make regulations,

(a) respecting any matter that the Minister considers necessary or advisable to protect public safety or the environment in connection with a carbon storage site;

(b) governing fees and other payments for the purposes of this Act, including regulations,

(i) requiring the payment of fees in respect of anything contemplated by this Act,

(ii) requiring the payment of fees, charges, royalties or other types of payments in relation to the use of lands owned or controlled by the Crown or public pore space;

(c) governing a system of financial assurances, including the giving of securities, by which applicants for an authorization or authorization holders provide cash or instruments of monetary value to guarantee the performance of specified activities, including providing for the forfeiture of the cash or other instruments in specified circumstances or other treatment of the cash or other instruments;

(d) requiring persons performing activities in relation to this Act to have specified qualifications or meet specified criteria;

(e) requiring any documents prepared in connection with this Act to be reviewed by an expert and governing that review, including,

(i) setting out the required qualification of an expert and a process for selecting the expert,

(ii) setting out requirements or procedures for preparing any expert reports,

(iii) governing the costs of the review, including requiring applicants for an authorization or authorization holders to bear the cost of the review;

(f) requiring and governing storage resource assessments, including governing how the storage potential of a storage repository and carbon storage site are assessed and characterized;

(g) requiring and governing the development, submission, review, implementation and update of plans associated with research and evaluation activities or carbon storage activities or otherwise with authorizations issued under this Act, including governing,

(i) plans about the design, construction, installation, use, maintenance and decommissioning of wells, storage repositories, ancillary works and the closure of carbon storage sites, including the remediation and restoration of lands used in association with carbon storage sites,

(ii) plans regarding risk management, monitoring, measurement and verification, and emergency response,

(iii) public and local consultation and engagement on plans, including with Indigenous communities;

(h) prescribing rules for when notices or other documents prepared or provided under this Act are considered to have been received.

Additional powers of Lieutenant Governor in Council

(3) In addition to its other powers to make regulations under this Act, the Lieutenant Governor in Council may make any regulation that the Minister is authorized to make under this Act.

Rolling incorporation by reference

(4) A regulation made by the Lieutenant Governor in Council or the Minister under this Act that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.

Regulations, transitional matters

64 (1) The Lieutenant Governor in Council may make regulations addressing any transitional matters as the Lieutenant Governor considers necessary or advisable to,

(a) facilitate the implementation of this Act;

(b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of any Act by Schedule 2 to the Resource Management and Safety Act, 2025.

Same

(2) Without limiting the generality of subsection (1), regulations under that subsection may provide for any transitional matters in relation to special projects under the Oil, Gas and Salt Resources Act, including,

(a) providing that an instrument under that Act is deemed to be an instrument under this Act;

(b) exempting a person to whom a designation designating a special project is issued from,

(i) any provisions of this Act, including provisions respecting an application for an authorization,

(ii) the requirement to hold a permit to engage in any research and evaluation activities or carbon storage activities;

(c) modifying the application of any provision of this Act with respect to a person referred to in clause (b).

No personal liability

65 (1) No cause of action arises against any current or former member of the Executive Council, Deputy Minister, inspector or enforcement officer under this Act, Minister’s designee under subsection 47 (2) or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Crown remains vicariously liable

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

No liability for acts or omissions of others

(3) No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act.

Proceedings by Crown not prevented

(4) This section does not apply with respect to proceedings brought by the Crown.

Proceedings barred

66 (1) No proceeding shall be commenced,

(a) against any person specified in subsection 65 (1) in respect of a matter referred to in that subsection; or

(b) against the Crown or any person specified in subsection 65 (1) in respect of a matter referred to in subsection 65 (3).

Same

(2) Subsection (1) does not apply with respect to an application for judicial review but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit.

Proceedings by Crown not prevented

(3) This section does not apply with respect to proceedings brought by the Crown.

Part IX (OMITTED)

67 Omitted (amends, repeals or revokes other legislation).

68 Omitted (provides for coming into force of provisions of this Act).

69 Omitted (enacts short title of this Act).