O. Reg. 91/22: ENVIRONMENTAL PENALTIES"

O. Reg. 91/22: ENVIRONMENTAL PENALTIES, Filed February 25, 2022 under Environmental Protection Act, R.S.O. 1990, c. E.19

ontario regulation 91/22

made under the

Environmental Protection Act

Made: February 24, 2022
Filed: February 25, 2022
Published on e-Laws: February 25, 2022
Printed in The �� Gazette: March 12, 2022

Amending O. Reg. 222/07

(ENVIRONMENTAL PENALTIES)

1. (1) Subsection 9 (2) of �� Regulation 222/07 is amended by striking out “12.1” and substituting “9.4, 12.1”.

(2) Subsection 9 (3) of the Regulation is amended by striking out “10” in the portion before paragraph 1 and substituting “9.1 to 9.3, 9.5 to 10”.

2. Subsection 12 (4) of the Regulation is amended by adding “or 3.3” after “item 3.1” in the portion before clause (a).

3. (1) Subsection 16 (1) of the Regulation is amended by striking out “item 1 or 3.1 to 4.1” in the portion before paragraph 1 and substituting “item 1, 3.1 to 4.1 or 9.4”.

(2) Subsection 16 (2) of the Regulation is amended by striking out “item 1 or 3.1 to 4.1” in the portion before paragraph 1 and substituting “item 1, 3.1 to 4.1 or 9.4”.

(3) Subsection 16 (4) of the Regulation is amended by striking out “items 5 to 13” and substituting “items 5 to 9.3 or 9.5 to 13”.

4. (1) Paragraph 1 in Column 3 of Item 3.1 of Table 2 to the Regulation is amended by adding “Before 2029” after “Petroleum Facilities”.

(2) Table 2 of the Regulation is amended by adding the following items:

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3.2	Subclause 182.1 (1) (a) (iii)	Contravention of a provision of the regulations that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.	1. The contravention is of section 8, 9, 10, 11, 12, 14, 15, 16 or 17 of �� Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities). 2. No order under the Act has been issued to the regulated person in respect of the contravention referred to in paragraph 1. 3. The discharges giving rise to the contravention have not been previously subject to an order under subclause 182.1 (1) (a) (iii).	July 1, 2024	Type 3	12
3.3	Subclause 182.1 (1) (a) (iii)	Contravention of a provision of the regulations that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.	1. The contravention is of section 13 of �� Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities). 2. No order under the Act has been issued to the regulated person in respect of the contravention referred to in paragraph 1. 3. The discharges giving rise to the contravention have not been previously subject to an order under subclause 182.1 (1) (a) (iii).	January 1, 2027	Type 3	12

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9.1	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of subsections 5 (3), 5 (4), 5 (5), 6 (4), 6 (6), 7 (7), 7 (9), 7 (11), 8 (5) or 8 (6) or section 9 or 10 of �� Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029).	The day that O. Reg. 91/22 comes into force.	Type 1	15
9.2	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of subsection 6 (3), 7 (1), 7 (6) or 7 (8) of �� Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029).	The day that O. Reg. 91/22 comes into force.	Type 2	15
9.3	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of subsection 8 (1) or (2) of �� Regulation 530/18 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities Before 2029).	The day that O. Reg. 91/22 comes into force.	Type 3	15
9.4	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of section 18 of �� Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities).	The day that O. Reg. 91/22 comes into force.	Type 3	15
9.5	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of section 19, 22, 23, 24, 25, 26 or 28 of �� Regulation 88/22 (Air Pollution�� —Discharge of Sulphur Dioxide from Petroleum Facilities).	July 1, 2024	Type 2	15
9.6	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of section 20, 21, 27, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 or 45 of �� Regulation 88/22 (Air Pollution — Discharge of Sulphur Dioxide from Petroleum Facilities).	The day that is 8 months after February 25, 2022.	Type 1	15

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Commencement

5. This Regulation comes into force on the day that is 60 days after the day this Regulation is filed.

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