O. Reg. 51/24: EXEMPTIONS FROM THE ACT AND FROM PART II.1 OF THE ACT

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Environmental Assessment Act

ONTARIO REGULATION 51/24

EXEMPTIONS FROM THE ACT AND FROM PART II.1 OF THE ACT

Consolidation Period: From February 22, 2024 to the e-Laws currency date.

Last amendment: 51/24.

Legislative History: 51/24.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Definitions

1. (1) In this Regulation,

“Government property” has the same meaning as in the Ministry of Infrastructure Act, 2011; (“biens du gouvernement”)

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)

“renewable energy testing facility” has the same meaning as in the Electricity Act, 1998. (“installation d’évaluation du potentiel en énergie renouvelable”)

(2) The following bodies are defined as public bodies:

1.  Authorities within the meaning of the Conservation Authorities Act.

2.  Corporations under the Development Corporations Act.

3.  Ontario Clean Water Agency.

4.  Ontario Energy Board.

5.  Ontario Infrastructure and Lands Corporation.

6.  Ontario Northland Transportation Commission.

Exemptions from the Act

Research

2. An undertaking or designated project that is for the purpose of, or that consists of, research, such as measuring, monitoring and testing, is exempt from the Act.

Renewable energy

3. (1) An undertaking or designated project carried out by or on behalf of the Crown in right of Ontario that is only for the purposes of implementing a renewable energy project or renewable energy testing project is exempt from the Act.

(2) In this section,

“renewable energy project” and “renewable energy testing project” have the same meaning as in the Electricity Act, 1998.

Providing access to renewable energy

4. (1) An undertaking or designated project carried out by the Minister of Natural Resources and Forestry that is in respect of a road that provides access to a renewable energy generation facility or a renewable energy testing facility is exempt from the Act.

(2) Subsection (1) does not apply to an undertaking or designated project if,

(a)  the renewable energy generation facility uses water power as its primary power source; or

(b)  before July 1, 2012, the Ministry of Natural Resources issued a public notice in respect of the undertaking under the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects approved by the Lieutenant Governor in Council on December 11, 2002 under Order in Council 2211/2002, as amended or renamed from time to time.

(3) In this section,

“road” has the same meaning as in section 48 of the Public Lands Act.

Municipal waste pilot projects

5. (1) An undertaking or designated project in respect of the processing or disposing of municipal waste on a municipal waste pilot project site is exempt from the Act if section 5.0.1 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act applies to an application for an environmental compliance approval under section 20.2 of that Act in respect of the use, operation, establishment, alteration, extension or enlargement of the site.

(2) For greater certainty, subsection (1) applies in respect of a generation facility that generates power from the processing or disposing of municipal waste on a municipal waste pilot project site.

(3) In this section,

“generation facility” has the same meaning as in Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act; (“installation de production”)

“municipal waste pilot project site” has the same meaning as in section 5.0.1 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act. (“lieu d’un projet pilote d’élimination des déchets urbains”)

Municipal zoning orders

6. The following provisions of the Act do not apply to the Minister of Municipal Affairs and Housing with respect to any order that they may make under section 47 of the Planning Act:

1.  Subsections 15.1.2 (2) and (6).

Note: On the day section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, paragraph 1 of section 6 of the Regulation is revoked. (See: O. Reg. 51/24, s. 17 (1))

2.  Subsections 17.27 (2) and (6).

Note: On the day section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 6 of this Regulation is amended by adding the following paragraph: (See: O. Reg. 51/24, s. 17 (2))

3.  Subsections 17.30 (2) and (6).

Trafalgar to Oakville transmission line

7. (1) The establishing of a transmission line that extends from the Trafalgar Transmission Station located at 1600 E Lower Base Line, Milton, Ontario to the Oakville Transmission Station located at 1559 Maplegrove Drive, Oakville, Ontario is exempt from the Act if the construction of the transmission line is an undertaking to which exemption order OHK-11 applied.

(2) In this section,

“exemption order OHK-11” means the order made under section 30 of the Act, as it read on October 14, 1976, identified as order OHK-11, dated October 14, 1976 and approved by Order in Council 2887/76.

Exemptions from Part II.1 of the Act — Class Environmental Assessments

Operation and retirement

8. The operation and retirement of a thing is exempt from Part II.1 of the Act if, at the time the thing started or the construction of the thing commenced,

(a)  no class environmental assessment applied to the start or construction of the thing; and

(b)  approval of the Minister was not required under the Act to proceed with the start or construction of the thing.

Municipal undertakings

9. (1) The following undertakings are exempt from Part II.1 of the Act if the undertaking is carried out by a municipality:

1.  An undertaking by a board within the meaning of the Education Act.

2.  A drainage work regulated under the Drainage Act.

3.  A road or a water crossing that is required to provide access to a renewable energy generation facility or renewable energy testing facility.

(2) Subsection (1) does not apply in respect of an undertaking carried out by a public body that may be found to be a local board as defined in the Municipal Affairs Act or to be a board, commission or other local authority exercising power in respect of municipal affairs.

Crown undertakings

10. (1) An undertaking carried out on behalf of the Crown in right of Ontario is exempt from Part II.1 of the Act if the undertaking is carried out by,

(a)  the Minister of Agriculture, Food and Rural Affairs;

(b)  the Attorney General;

(c)  the Minister of Children, Community and Social Services;

(d)  the Minister of Colleges and Universities;

(e)  the Minister of Education;

(f)  the Minister of Finance;

(g)  the Minister of Public and Business Service Delivery;

(h)  the Minister of Health;

(i)  the Minister of Labour, Immigration, Training and Skills Development;

(j)  the Minister of Long-Term Care;

(k)  the Minister of Municipal Affairs and Housing;

(l)  the Solicitor General; or

  (m)  an agent of the Crown in right of Ontario who is not,

(i)  a Minister of the Crown,

(ii)  acting on behalf of a Minister of the Crown, or

(iii)  defined as a public body.

(2) Subsection (1) does not apply in respect of an undertaking that is in respect of Government property carried out by the Minister whose responsibilities under the Ministry of Infrastructure Act, 2011 relate to Government property either on their own behalf or on behalf of or at the request of,

(a)  a Minister of the Crown referred to in subsection (1); or

(b)  an agent of the Crown referred to in clause (1) (m).

Ontario Infrastructure and Lands Corporation

11. An undertaking carried out by or on behalf of the Ontario Infrastructure and Lands Corporation is exempt from Part II.1 of the Act if the undertaking is not in respect of Government property.

Disposition or severance of land

12. (1) An undertaking in respect of Government property that is a disposition of any interest in land or the severance of land is exempt from Part II.1 of the Act if the undertaking is carried out by or on behalf of,

(a)  the Ontario Infrastructure and Lands Corporation; or

(b)  the Minister whose responsibilities under the Ministry of Infrastructure Act, 2011 relate to Government property.

(2) Despite subsection (1), an undertaking is not exempt from Part II.1 of the Act if, before July 1, 2019, a public notice about the undertaking had been issued or any affected party had been notified of the undertaking in accordance with the Ministry of Infrastructure Class Environmental Assessment.

(3) In this section,

“Ministry of Infrastructure Class Environmental Assessment” means the Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation approved by the Lieutenant Governor in Council on April 28, 2004 under Order in Council 913/2004, as it may be amended or renamed from time to time.

Forfeited corporate property

13. An undertaking in respect of forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies is exempt from Part II.1 of the Act if the undertaking is carried out by or on behalf of,

(a)  the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015; or

(b)  the Ontario Infrastructure and Lands Corporation.

Provincial parks and conservation reserves

14. (1) The following undertakings are exempt from Part II.1 of the Act:

1.  Establishing, amending or rescinding the boundaries of a provincial park or conservation reserve.

2.  Acquiring any interest in land for the purpose of,

i.  establishing a new provincial park or conservation reserve, or

ii.  adding land to an existing provincial park or conservation reserve.

3.  Disposing of any interest in land in a provincial park or conservation reserve.

4.  Any undertaking related to a provincial park or conservation reserve, including activities to manage or protect natural resources, manage uses and develop new and existing facilities, that is carried out by or on behalf of the Minister responsible for the administration of the Provincial Parks and Conservation Reserves Act, 2006.

(2) Subsection (1) does not apply to an undertaking described in that subsection if,

(a)  the undertaking is exempt under subsection 15 (1);

(b)  the undertaking is excluded from the application of subsection 15 (1) under subsection 15 (3); or

(c)  a process of public consultation was commenced in respect of the undertaking under the Class Environmental Assessment for Provincial Parks and Conservation Reserves before September 8, 2023.

(3) Despite clause (2) (c), an undertaking described in that clause is exempt from Part II.1 of the Act if a Statement of Completion has been submitted under,

(a)  Step 5 of Section 5.1 (Category B Project Evaluation and Consultation Process) of the Class Environmental Assessment for Provincial Parks and Conservation Reserves; or

(b)  Step 7 of Section 5.2 (Category C Project Evaluation and Consultation Process) of the Class Environmental Assessment for Provincial Parks and Conservation Reserves.

(4) In this section,

“Class Environmental Assessment for Provincial Parks and Conservation Reserves” means the Class Environmental Assessment for Provincial Parks and Conservation Reserves approved by the Lieutenant Governor in Council on September 23, 2004 under Order in Council 1900/2004, as it may be amended from time to time; (“évaluation environnementale de portée générale sur les parcs provinciaux et les réserves de conservation”)

“conservation reserve” means a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006; (“réserve de conservation”)

“provincial park” means a provincial park within the meaning of the Provincial Parks and Conservation Reserves Act, 2006. (“parc provincial”)

Agreements with Indigenous communities

15. (1) Subject to subsection (3), the following undertakings carried out by or on behalf of the Crown in right of Ontario are exempt from Part II.1 of the Act:

1.  All undertakings that relate to a settlement agreement involving the Crown in right of Ontario and an Indigenous community with respect to a land claim, including, for greater certainty, an interim agreement.

2.  The undertakings listed in subsection (2) that implement an agreement, other than an agreement mentioned in paragraph 1, about land or any interests in land and that include as parties,

i.  the Crown in right of Ontario as represented by the Minister of Indigenous Affairs, and

ii.  an Indigenous community or a person authorized to hold any interests in land on behalf of an Indigenous community.

(2) The undertakings listed for the purposes of paragraph 2 of subsection (1) are,

(a)  the disposition or release of,

(i)  any interests in land,

(ii)  reservations or conditions respecting land that benefit the Crown, whether in letters patent, in an agreement or pursuant to an Act, and

(iii)  interests in Crown resources other than land that are related to a disposition or release of any interests in land;

(b)  the transfer or acceptance of administration and control of land;

(c)  the acquisition of any interests in land;

(d)  establishing, amending or rescinding boundaries of provincial parks and conservation reserves; and

(e)  activities carried out in advance of a disposition of any interests in land or transfer of administration and control of land or to prepare lands for disposition or transfer of administration and control, including authorizing interim uses of lands or related Crown resources by an Indigenous community or by a person with the consent of an Indigenous community.

(3) Subsection (1) does not apply to the following undertakings:

1.  An undertaking in respect of which one or more of the following notices have been issued under the Algonquin Land Claim declaration order before August 8, 2023:

i.  A Public Notice issued under Step 2 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule “A” to the Algonquin Land Claim declaration order.

ii.  A Notice of Opportunity to Inspect the Draft Environmental Evaluation Report issued under Step 3 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule “A” to the Algonquin Land Claim declaration order.

2.  An undertaking respecting which a process of public consultation pursuant to a class environmental assessment or order made under the Act, other than the Algonquin Land Claim declaration order, was commenced before July 1, 2021.

(4) Despite subsection (3), an undertaking described in paragraph 1 of that subsection is exempt from Part II.1 of the Act if a Statement of Completion has been submitted to the Director of the Environmental Assessment Branch and the appropriate Regional Director of the Ministry under,

(a)  Step 5 of Section 2.3 (Evaluation and Consultation Process for Category B Projects and Activities) of Schedule “A” to the Algonquin Land Claim declaration order; or

(b)  Step 6 of Section 2.4 (Evaluation and Consultation Process for Category C Projects and Activities) of Schedule “A” to the Algonquin Land Claim declaration order.

(5) In this section,

“Algonquin Land Claim declaration order” means the order made under subsection 3.2 (1) of the Act entitled “Declaration – Projects and Activities being considered for inclusion in the Algonquin Land Claim Settlement”, dated July 23, 2007 and approved by Order in Council 1900/2007, as it may be amended from time to time; (“arrêté déclaratoire relatif à la revendication territoriale des Algonquins”)

“land claim” means,

(a)  a claim to an outstanding entitlement with respect to reserve land or the improper use of reserve land by others,

(b)  a claim respecting unsold surrendered land, or

(c)  an aboriginal rights and title claim. (“revendication territoriale”)

Undertakings ancillary to Part II.3 projects

16. An undertaking is exempt from Part II.1 of the Act if,

(a)  the undertaking is an enterprise or activity that is, in accordance with subsection 3 (3) of the Act, included in a Part II.3 project; and

(b)  the Part II.3 project mentioned in clause (a) is exempt from Part II.3 of the Act under section 12, 17, 18 or 25 of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act.

17. Omitted (provides for amendments to this Regulation).

18. Omitted (revokes other Regulations).

19. Omitted (provides for coming into force of provisions of this Regulation).

 

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