Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

MECP Orders in the Face of a State of Emergency

MECP Orders in the Face of a State of Emergency

By:

Mann Lawyers

Posted June 12, 2020

Under s. 157.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”), as amended, Provincial Officers with the Ministry of the Environment, Conservation and Parks (“MECP”) are given the authority to issue orders for preventative measures to be taken to prevent or reduce the risk of discharge of contaminant into the natural environment or to prevent, decrease or eliminate an adverse effect that may result from the discharge of a contaminant or the presence or discharge of a contaminant in, on or under a property.

Section 157.3 of the EPA allows a person to whom an order has been issued under s. 157.1 to request a review of that order by the Director of the MECP.  Under the legislation, the request for review must be served on the Director within seven (7) calendar days of the date of the order.

On March 20, 2020, the Province of Ontario issued an Emergency Order under s. 7.1(2) of the Emergency Management and Civil Protection Act, which suspended any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any period of time within which any step must be taken in any proceeding in Ontario, subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding.

During the state of emergency, Provincial Officer have continued to issue orders.  These orders contain deadlines for the completion of the actions that are ordered to be undertaken.  Often, there is not a great deal of time between the date of the order and the first deadline.

The MECP is proceeding on the basis that the Emergency Order suspends the seven (7) day period in which a request for review must be served until such time as the Emergency Order is lifted.  For all practical purposes, however, delaying the request would render it moot.

A Provincial Officer’s order is not stayed unless ordered stayed by the Director.  The Director will not order a stay until a request for review is served.  As a result, the deadlines set out in the Provincial Officer’s order will continue to be in force, in spite of the Emergency Order.

Although the Emergency Order suspends the period for filing a request for review, the purpose of requesting a review may be lost if service of the request is delayed.

This blog post was written by Cheryl Gerhardt McLuckie, a member of the Environmental Law team.  Cheryl can be reached at 613-369-0365 or at cheryl.mcluckie@mannlawyers.com.

More Resources

Blog |
Family Law
By: 

Posted July 18, 2024

In the realm of family law, the division of assets during a separation or divorce can be a complex and emotionally charged process. Among the[...]
Blog |
Business Law
By: 
Can the use of a “thumbs-up” emoji in a text message create legally binding obligations? Last summer’s decision by the Saskatchewan Court of King’s Bench,[...]
Blog |
Real Estate
By: 

Posted June 26, 2024

A 2023 Ontario Superior Court case, Lake v Cambridge (City), 2023 ONSC 5200, confirmed that a purchaser is entitled to complete a transfer relying on[...]
Blog |
Business Law
By: 

Posted June 18, 2024

This is an update on my earlier blog posted in 2022 titled “New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming[...]
Blog |
Estate Litigation
By: 

Posted June 11, 2024

“For it is in giving that we receive.” –Francis of Assisi Many of us grew up hearing this mantra. Good people give back. Generous people[...]
Blog |
Real Estate
By: 
What is title? “Title” is a legal term for a person or company’s rights of ownership in a private property. This is different from a[...]
Cheryl Gerhardt McLuckie

Cheryl Gerhardt McLuckie

I practice in the areas of environment law and commercial litigation and am an active member of the environmental law group at Mann Lawyers LLP. Prior to joining Mann Lawyers in June of 2020, I practiced with a small law firm in Ottawa.  When the opportunity arose to join Mann Lawyers and become part of its exceptional team, I welcomed it.  Being part of a firm that offers a broad range of services will be of great value to my clients. In my environmental law practice, I assist my clients with all manner of issues arising from environmental contamination.   I have extensive experience in land contamination issues, an area which has undergone significant evolution in recent years.  I provide clients with a wide range of services in environmental law including litigation of environmental claims, defending environmental claims, advising on environmental risk, obligations and liabilities, engaging with the Ministry of the... Read More

Read More About Cheryl Gerhardt McLuckie

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.