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Environmental Protection Act Assignment

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Environmental Protection Act Assignment


Provincial Officer powers

Authority overview pursuant to the Environmental Protection Act


Provincial Officers Auhtorities:


  • Inspections by a Provincial Officer
  • Orders by a Provincial Officer
  • Notice by a Provincial Officer



Authority for Inspections

Section 156. (1) (1) For the administration of this Act or the regulations, a Provincial Officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections including,

(a) entering any part of the natural environment to ascertain the extent, if any, to which contaminants have caused an adverse effect, the causes for any adverse effect, and how the adverse effect may be prevented, eliminated or ameliorated and the natural environment restored

Reason to believe that anything can be found in a place which is governed by or regulated under the EPA…

What is the reasonable belief?

natural environment” means the air, land and water, or any combination or part thereof, of the Province of Ontario

Adverse impact:

  • “adverse effect” means one or more of,
  • (a) impairment of the quality of the natural environment for any use that can be made of it,
  • (b) injury or damage to property or to plant or animal life,
  • (c) harm or material discomfort to any person,
  • (d) an adverse effect on the health of any person,
  • (e) impairment of the safety of any person,
  • (f) rendering any property or plant or animal life unfit for human use,
  • (g) loss of enjoyment of normal use of property, and
  • (h) interference with the normal conduct of business;


inspection” includes an audit, examination, survey, test and inquiry

Provincial Officer inquiries

  1. (2) During an inspection under subsection (1), the Provincial Officer may,
  • (i) Make reasonable inquiries of any person, orally or in writing.
  1. (4) A Provincial Officer who exercises the power set out in clause (2) (1) may exclude from the questioning any person except counsel for the individual being questioned.


157.0.1 (1) For the purpose of determining compliance with this Act or the regulations, a Provincial Officer may, at any reasonable time and with any reasonable assistance, require the person, or any persons employed by or providing services to the person, to respond to reasonable inquiries.

157.0.1 (2) For the purposes of subsection (1) a Provincial Officer may make inquiries by telephone or by any other means of communication. Environmental Protection Act Assignment


Authority to require documents

157.0.1 (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry.

Authority to require electronic documents

157.0.1 (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both.

Authority to require assistance from Police

166 (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such Provincial Officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance.


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