Waste Management Act 1992文档格式.docx

1、2. Crown agency3. Expropriation4. Closing of roads5. Hardship6. Non-application7. Inspectors8. Power of entry9. Inspection without warrant10. Inspection warrant11. Inspection with warrant12. ObstructionPART IIWASTE DISPOSAL SITES13. Application14. Waste diversion estimate15. Environmental assessment

2、16. Policies17. Participant fundingPART IIIIMPLEMENTATION OF MINISTERS REPORT18. Waste management systemsDurham19. Certificates of approval20. Hearing for Keele Valley21. RegulationsDefinition1. In this Part and Part II,“Corporation” means the Interim Waste Authority Ltd. in English and Office provi

3、soire de slection de lieux dlimination des dchets Lte in French, a corporation incorporated under the Business Corporations Act. 1992, c. 1, s. 1.Crown agency2. The Corporation is continued under the Business Corporations Act and is a Crown agency within the meaning of the Crown Agency Act. 1992, c.

4、 1, s. 2.Expropriation3. （1） For the purpose of establishing, operating, managing, altering or improving landfill waste disposal sites referred to in subsection 13 （1）, the Corporation may expropriate land in the City of Toronto, The Regional Municipality of Durham, The Regional Municipality of Peel

5、 and The Regional Municipality of York. 1992, c. 1, s. 3 （1）; 1997, c. 26, Sched.Approving authority（2） Subject to the Consolidated Hearings Act, the Minister designated by the Lieutenant Governor in Council to be responsible for the administration of this Part is the approving authority under secti

6、on 5 of the Expropriations Act. 1992, c. 1, s. 3 （2）.Condition（3） The Minister shall not give approval under the Expropriations Act for a proposed expropriation of land by the Corporation until a certificate of approval or a provisional certificate of approval allowing the use of the land for a land

7、fill waste disposal site has been issued under Part V of the Environmental Protection Act. 1992, c. 1, s. 3 （3）.Special case（4） If the Corporation is expropriating a limited interest in land for the purpose of carrying out an inspection, subsection （3） does not apply to that expropriation. 1992, c.

8、1, s. 3 （4）.Taking more land than required（5） Where, in the exercise of its powers of expropriating land, it appears to the Corporation that it can acquire a larger quantity of land from any particular owner at a more reasonable price and on terms more advantageous than those upon which it could obt

9、ain the part immediately required for its purposes, the Corporation may expropriate such larger quantity and may afterwards sell and dispose of so much of it as is not so required. 1992, c. 1, s. 3 （5）.Closing of roads4. （1） For the purposes set out in subsection 3 （1）, the Ontario Municipal Board m

10、ay, upon application, close any road. 1992, c. 1, s. 4 （1）.Application（2） The Ontario Municipal Board may direct that notice of an application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons, including municipalities and local

11、boards of municipalities, as the Ontario Municipal Board determines, and may further direct that particulars of objections to the closing shall be filed with it within such time as it directs. 1992, c. 1, s. 4 （2）.Powers of O.M.B.（3） Upon the hearing of the application, the Ontario Municipal Board m

12、ay make an order closing the road upon such terms and conditions as it considers proper. 1992, c. 1, s. 4 （3）.Effect of physical closing（4） Any road closed under this section in accordance with an order of the Ontario Municipal Board by the placing or erecting of a fence, barricade or other work sha

13、ll be deemed to have been, by that action, legally closed. 1992, c. 1, s. 4 （4）.Definition of “road”（5） In this section,“road” means a road within the meaning of the Public Transportation and Highway Improvement Act and includes an unopened road allowance. 1992, c. 1, s. 4 （5）.Hardship5. Despite sub

14、section 5 （1） of the Environmental Assessment Act, the Corporation may acquire land from a person who, as a result of the Corporation not having received approval under that Act for a proposed undertaking,（a） has been refused a building permit; or（b） is unable to sell the land at fair market value a

15、nd needs to sell it quickly for health or financial reasons or to settle an estate. 1992, c. 1, s. 5.Non-application6. Subsection 9（2） of the Ministry of Government Services Act does not apply to any land acquired for the purposes of the Corporation. 1992, c. 1, s. 6.Inspectors7. （1） The Corporation

16、 may designate one or more persons as inspectors for the purposes of this Part and Part II. 1992, c. 1, s. 7 （1）.Identification（2） The Corporation shall issue a certificate of designation to every inspector. 1992, c. 1, s. 7 （2）.Training（3） The Corporation shall ensure that each inspector is properl

17、y trained to perform his or her duties and, if the inspector is not an employee of the Corporation, is supervised by an employee of the Corporation. 1992, c. 1, s. 7 （3）.Power of entry8. （1） For the purpose of obtaining information that an inspector considers necessary to meet the requirements of or

18、 obtain an approval under an Act relating to the planning, establishment, operation, management, alteration or improvement of a landfill waste disposal site, an inspector may enter on and inspect any land. 1992, c. 1, s. 8 （1）.Limitation（2） Subsection （1） does not allow an inspector to enter any bui

19、lding. 1992, c. 1, s. 8 （2）.Inspections（3） In carrying out an inspection, an inspector may,（a） be accompanied by any person to assist in carrying out the inspection;（b） conduct surveys, examinations, investigations and tests of the land, including the excavation of test pits, and for those purposes,

20、 place equipment on the land for such period as the inspector considers necessary;（c） take and remove samples or extracts;（d） make inquiries of any person; and（e） record or copy information by any method. 1992, c. 1, s. 8 （3）.（4） An inspector who is carrying out an inspection shall produce his or he

21、r certificate of designation upon request. 1992, c. 1, s. 8 （4）.Restoration（5） After an inspection is completed, the Corporation shall, in so far as is practicable, restore the land to the condition it was in before the inspection. 1992, c. 1, s. 8 （5）.Compensation（6） The Corporation shall provide c

22、ompensation for any damages caused by the inspection. 1992, c. 1, s. 8 （6）.Inspection without warrant9. （1） The following apply to an inspection carried out without a warrant:1. At least seven days before entering to carry out an inspection, the Corporation shall, by personal service or by prepaid m

23、ail, serve a written notice of the inspection upon the owners and occupants of the land as shown by the records of the land registry office and by the last returned assessment roll of the municipality in which the land is located.2. The notice shall specify the date upon which the inspector intends

24、to enter on the land to commence the inspection.3. If the inspector intends to enter on the land more than once during a period of time, the notice shall specify that period.4. If the inspector intends to leave equipment on the land for a period of time, the notice shall set out a description of the

25、 equipment and the period of time during which the inspector intends to leave it on the land.5. A notice served under this section by prepaid mail shall be deemed to have been received on the fifth day after the date of mailing of the notice.6. An inspector shall not use force against any individual

26、 in carrying out the inspection.7. An inspector shall only enter on land to carry out an inspection between the hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice under paragraph 1, the Corporation has given at least twenty-four hours written notice of the intent to inspe

27、ct the land at other hours to the occupants by personal service, prepaid mail or by posting the notice on the land in a conspicuous place. 1992, c. 1, s. 9 （1）.Waiver of requirements（2） The owners and occupants may waive any requirements relating to the notice described in paragraph 1 of subsection

28、（1）. 1992, c. 1, s. 9 （2）.Idem（3） The occupants may waive any requirements relating to entries described in paragraph 7 of subsection （1）. 1992, c. 1, s. 9 （3）.Inspection warrant10. （0.1） In this section,“representative” means, in respect of a proceeding under this section, a person authorized under

29、 the Law Society Act to represent an owner or occupant in that proceeding. 2006, c. 21, Sched. C, s. 137 （1）.（1） The Corporation may apply to a judge or a justice of the peace for a warrant authorizing an inspector to inspect land. 1992, c. 1, s. 10 （1）.Notice of application for warrant（2） The Corpo

30、ration shall give the owners and occupiers of the land seven days written notice of,（a） the time when and the place where the application for the issuance or extension of a warrant is to be considered;（b） the purpose of the application and the effect of the application being granted;（c） the length o

31、f time the Corporation is asking for a warrant to be issued or extended;（d） the right of an owner or occupant or an owners or occupants representative to appear and make representations;（e） the fact that if the owner, occupant or owners or occupants representative fails to appear, the judge or justice of the peace ma