Topic: Compliance and Enforcement

If a Compliance Order is issued to a registrant by the Registrar or a Deputy Registrar, or if the registrant receives a decision from a Deputy Registrar issued as a result of a Request for Review of an inspector’s order, the registrant can appeal the order to the Ontario Land Tribunal (OLT). The registrant must serve written notice of their intention to appeal to the Registrar or Deputy Registrar who made the order and to the OLT within 15 days of being served with the order. The notice must include:

• The parts of the order that the appeal pertains to; and
• The grounds on which the person appealing the order intends to rely at the hearing.

The OLT will hold a hearing. The OLT may decide to confirm, vary, or revoke the order.

After a matter is decided by the OLT, the registrant or RPRA may appeal the OLT’s decision to the Divisional Court, but only on a question of law and with leave (permission) of the Divisional Court. If a party obtains leave, the appeal of the OLT decision will be heard by the Divisional Court. This process is governed by the Rules of Civil Procedure. The OLT’s decision is not automatically stayed (put on hold) by an appeal to the Divisional Court, but a stay may be granted by the OLT or the Court.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

Registrants who receive a Notice of Intention to issue an Administrative Penalty Order may request that the Registrar or a Deputy Registrar consider additional information before they decide to issue the order. A registrant may ask the Registrar or a Deputy Registrar to review:

• Additional information related to the contravention;
• Any information relevant to the determination of the penalty amount; or
• Any actions you have taken to remedy the contravention since it occurred.

The request must be made to the Registrar or a Deputy Registrar, in writing, within 21 days of the notice of intention being served on the registrant. All additional information and supporting documentation that the registrant would like the Registrar or Deputy Registrar to consider should be included in the request.

The Registrar or Deputy Registrar must then consider the information in the request and determine whether or not to issue an order. If the Registrar or Deputy Registrar decides not to issue the order, they must notify the registrant of this decision.

See RPRA’s Administrative Penalties Guideline for further information or the FAQ: ‘Can I appeal an Administrative Penalty Order issued to me?’ for information on appealing an administrative penalty order.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

Registrants may appeal an Administrative Penalty Order issued to them to the Ontario Land Tribunal (OLT). The registrant must serve written notice of their intention to appeal to the OLT and to the Registrar or a Deputy Registrar within 15 days of being served the order. The order will be temporarily stayed (put on hold) until a decision is rendered by the tribunal. The notice must include:

• The parts of the order that the appeal pertains to; and
• The grounds on which the person appealing the order intends to rely at the hearing.

The OLT will hold a hearing, and the OLT may confirm, vary, or revoke the order. The OLT cannot vary the amount of the penalty unless it considers the amount to be unreasonable.

After a matter is decided by the OLT, the registrant or RPRA may appeal the OLT’s decision to the Divisional Court, but only on a question of law and with leave (permission) of the Divisional Court. If a party obtains leave, the appeal of the OLT decision will be heard by the Divisional Court. This process is governed by the Rules of Civil Procedure. The OLT’s decision is not automatically stayed by an appeal to the Divisional Court, but a stay may be granted by the OLT or the Court.

See RPRA’s Administrative Penalties Guideline for further information.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

Registrants may request that a Deputy Registrar review a Compliance Order issued to them by an inspector. The request must be made, in writing, by the registrant to a Deputy Registrar within seven days of being served with the order. The request must include:

• The parts of the order that the request for review pertains to;
• Any submissions the person requesting the review wants considered; and
• An address (physical or electronic) where the person can be served with the Deputy Registrar’s decision.

A Deputy Registrar will then review the order and can revoke, confirm, or amend the inspector’s order.

Deputy Registrars must either issue their decision or provide notice that more time is needed within seven days of receiving the request. If a Deputy Registrar provides notice that more time is needed, they must stay (put on hold) the order while it is under review, and the Deputy Registrar must issue their decision within 90 days.

If a Deputy Registrar does not issue a decision or provide notice that more time is needed within seven days of receiving the request for review, the order will remain as originally issued.

Note: This FAQ is for general information only and should not be considered legal advice. Please review the Resource Recovery and Circular Economy Act, 2016 and associated regulations for details.

See the FAQ: ‘Can I appeal a Compliance Order issued to me?’ for information on appealing a compliance order.