New Ontario legislation targets previous owners

As described recently in T.N.M., (Jan.21/91), the Ontario Ministry of the Environment (MOE) i i th proces o servin wor order t forme owner an operator o tailing pon nea Matachewan Ont Followin heav rainfall las October th retainin structure o th tailing pon failed spillin wast int th Montrea River MO no want th forme owners includin specifi officer o th companies named, to take responsibility for cleanup. The fact that MOE is going after former owners in a case like this is nothin new The hav don i before However wha i new an highl significant i th fac tha unti recentl the ha n legal grounds to pursue former owners, but now they do.

Th chang cam abou throug th passin o Bil 22 i June 1990 whic ha th effec o addin significan ne muscl t the Ontario Environmental Protection Act (EPA).

Prio t Bil 220 th EP name th presen owner whethe landowner tenan o busines person, a bein responsibl fo whateve happene i th past However MO coud no forc suc person t tak responsibilit fo an correc pas problem i they did not have the resources to do so.

A well th ol EPA gav the n lega righ t pursu bot presen an previou owners tha is whoeve wa i occupatio o i charg o managin th sourc o contaminan i th presen o pas regardles o whethe tha perso contribute t pollution Henc liabilit fo sourc o contaminan n longe disappear wit th sal o propert o th relinquishin o management or control.

I thi respect th amende EP appear t g wel beyon Bil 71 th ne Ontari Minin Ac whic define owne a “th immediat proprietor lesse o occupier…an include a agent o perso designate b th owne o agen a responsibl fo control, management and direction.”

Fine fo environmenta offence wer increase b 5-1 time i 198 an wer agai amende upwar i March 1990 Bil 22 increase the ye agai s tha the ca no involv ver substantia sum indeed rangin fro $2,00 t $ millio pe day depending on the nature of the offence.

As well the offender can be subject to the fines of a number of additional statutes including the Ontario Water Resources Act, the Ontario Mining Act, the Fisheries Act and the federal version of the EPA.

Bill 220 also includes other amendments relating to stays of appeal, enforcement of orders, limitation period and registration against title. Given that there are over 3,000 known abandoned mines and tailings areas scattered around the province, the mineral industry would be well advised to carefully study the new powers with which Bill 220 has imbued the Ontario Government.

Anthony Andrews is the managing director of the Prospectors and Developers Association of Canada.