By Randy Hillier
Tuesday, May 2, 2006Bill 43 "The Clean water act" governs all Ontario lands where water enters or exits from the ground including; septic systems, wells, springs, wetlands, ditches, creeks, rivers and lakes. If you have any of these on your property you can be deemed a threat and summarily punished without judge or jury. This act reigns supreme in Ontario and dictates over all other acts such as the planning, act, nutrient management, aggregate resources, greenbelt, safe drinking water, etc.
The following are a few examples of the unjust infringements authorized by Bill 43.
1 Section 83 grants bureaucrats the authority to seize and confiscate private property without consent, and without payment or compensation. "a municipality or source protection agency may, for the purpose of implementing a source protection plan, may acquire by purchase, lease or otherwise, or subject to the expropriations act, without the consent of the owner, enter upon, take and expropriate and hold any land or interest in land."
2 Section 54 & 79 authorises bureaucrats to enter any private property without consent or warrant, and empowers bureaucrats to make any excavations, collect samples, evidence, or data and compels people to provide any and all information. "a permit inspector may, for the purpose of enforcing this part, enter property, without the consent of the owner or occupier and without warrant",
3 Section 47 & 53 and Part 4, provides the authority for municipalities to charge for water extraction permits and inspections on private wells and septic systems.
4 Section 49 & 50 outlaws land use activities that are deemed a threat to ground water. any existing or new businesses or farms can be forced to close or cease operation without regard or compensation "If a source protection plan that is in effect designates an activity as an activity to which this section should apply at a location or within an area specified in the plan. a person shall not engage in that activity at the location or within the area."
5 Section 56 is a vague sweeping all encompassing catch-all, and states: "a permit official may cause to be done anything required by it if-"in the permit official's opinion, it would be in the public interest to do so."
6 Section 54 & 58 casts shadows of tyranny, and grants the authorities to use whatever force necessary with police assistance to enforce the act. "a person authorized to enter property for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing"
7 Section 60 dictates that bureaucrats can compel people to pay without appeal, and grants authority to place all costs to your tax bill
8 Section 88 & 89 saves the bureaucrats and government from any legal action initiated by an individual or business to stop any injustice.
9 Section 97 places a minimum fine for farms and businesses on a first conviction of $50,000 per day of the offence. Private individuals face a minimum fine of $25,000.00 per day for the same offence
10 Section 59 & 71Bankruptcy offers no escape from compliance orders or convictions.
11 Section 35 prevails over all other municipal land use decisions such as official plans, zoning bylaws, and drives municipal governments into democratic redundancy.
Bill 43 ‘The Clean Water act passed second reading while the light of public scrutiny shone elsewhere and should the darkness remain it will become law with one more reading. Bill 43 will kill rural Ontario, our democracy, and put an end to justice, under the pretext of protecting our water quality and quantity.
The OLa demands that our politicians stand up and stand firm with resolve to vote down Bill 43. The OLa will not allow our democratic lifestyle, rural culture and our heritage of justice to be destroyed, and will take action to defend them.
Randy Hillier, President, Ontario Landowners association
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