INCREASING ENFORCEMENT OF ONTARIO'S SAFE DRINKING WATER ACT... AND HOW TO PREPARE

摘要

The SDWA, 2002 includes an enforcement ladder that progresses through inspections, investigations and prosecutions. The powers of provincial officers differ depending on whether an inspection or an investigation is being conducted. A provincial officer's position is not determinative of whether he or she is conducting an inspection or investigation. The question that one must ask is the officer's purpose in attending the place of business. If his or her purpose is to investigate an alleged offence as a result of having reasonable and probable grounds to believe that an offence has been committed, the provincial officer must acquire judicial authorization to search the premises, interview any persons or seize any materials. In addition, full Charter protections are offered to the alleged offender. If a prosecution ensues, alleged offenders have at their disposal numerous defences, including: due diligence, act of God, duress, impossibility, necessity, officially induced error and reasonable mistake of fact. In the event that a conviction is entered, the penalties under the SDWA, 2002 are quite steep.