Ontario’s Bill 133 Passes Third Reading

Ontario’s Bill 133, the “you spill, you pay” bill that imposes financial penalties on industrial polluters, was passed on June 9, 2005.

“Bill 133 will be a valuable compliance tool to ensure that companies take measures to prevent spills and, if they do occur, that they are rectified quickly,” said Environment Minister Leona Dombrowsky. “All money collected from penalties will go to a dedicated fund to assist communities in dealing with the impact of spills.”

Bill 133 went to an all-party government committee hearing in late May. Based on representations by several environmental groups, industry and local community groups who appeared before the committee, numerous amendments were made to improve the bill.

Ontario now joins other Canadian jurisdictions, the U.S. and many countries around the world in the use of environmental penalties as a compliance and enforcement tool. Bill 133 gives Ministry of the Environment directors the authority to impose a penalty of up to $100,000 a day to companies responsible for unlawful spills and emissions.

The government intends to apply environmental penalties to facilities affected by the Municipal-Industrial Strategy for Abatement (MISA) regulations. Brownfield professionals have expressed concern that Bill 133 could have a chilling effect on brownfield redevelopment.

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