O. Reg. 53/24: GENERAL AND TRANSITIONAL MATTERS

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Environmental Assessment Act

ONTARIO REGULATION 53/24

GENERAL AND TRANSITIONAL MATTERS

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

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Definitions

1. In this Regulation,

“Municipal Class Environmental Assessment” means the Municipal Class Environmental Assessment approved by the Lieutenant Governor in Counsel on October 4, 2000 under Order in Council 1923/2000, as it may be amended or renamed from time to time; (“évaluation environnementale municipale de portée générale”)

“Part II.3 transition date” means the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force; (“date de transition de la partie II.3”)

“private sector developer” means a developer of land other than land belonging to the Crown, a public body or a municipality; (“promoteur immobilier du secteur privé”)

“public body” has the same meaning as in subsection 1 (2) of Ontario Regulation 51/24 (Exemptions from the Act and from Part II.1 of the Act) made under the Act. (“organisme public”)

Major commercial or business enterprise or activity

2. An enterprise or activity is defined as a major commercial or business enterprise or activity and is designated for the purposes of clause (b) of the definition of “undertaking” in subsection 1 (1) of the Act if it is an enterprise or activity to which one of the following applies:

1. The Class Environmental Assessment for Waterpower Projects approved by the Lieutenant Governor in Council on September 24, 2008 under Order in Council 1623/2008, as it may be amended or renamed from time to time.

2. The Class Environmental Assessment for Minor Transmission Facilities of Hydro One approved by the Lieutenant Governor in Council on November 16, 2016 under Order in Council 1726/2016, as it may be amended or renamed from time to time.

Application of Specified Class Environmental Assessments

Municipalities and private developers

3. (1) The Municipal Class Environmental Assessment applies in respect of,

(a) all municipalities; and

(b) private sector developers in respect of an undertaking designated under subsection (2).

(2) An enterprise or activity by a private sector developer is defined as a major commercial or business enterprise or activity and is designated for the purposes of clause (b) of the definition of “undertaking” in subsection 1 (1) of the Act if it is,

(a) of a type listed in Schedule C to the Municipal Class Environmental Assessment; and

(b) in respect of roads, water or wastewater provided for residents of a municipality.

General

Preparation of environmental assessment, contents

4. (1) An environmental assessment prepared for a Part II.3 project must consist of, in addition to the information required under subsection 17.6 (2) of the Act,

(a) a brief summary of the environmental assessment organized in accordance with the matters set out in subsection 17.6 (2) of the Act;

(b) a list of studies and reports which are under the control of the proponent and which were done in connection with the Part II.3 project or matters related to the project;

(c) a list of studies and reports done in connection with the Part II.3 project or matters related to the project of which the proponent is aware and that are not under the control of the proponent; and

(d) if the environmental assessment is for a Part II.3 project with a fixed location, at least two well-marked, legible and reproducible maps showing the location of the project and the area to be affected by it.

(2) Of the maps referred to in clause (1) (d), one shall be a simplified base map suitable for reproduction in any notices that may be published and the other may include more detail such as a 1:10,000 scale Ontario Base Map.

(3) The maps referred to in clause (1) (d) may show alternative proposals.

Transition

Pending applications

5. (1) If, before the Part II.3 transition date, a proponent has given terms of reference to the Ministry under subsection 6 (1) of the Act in respect of an undertaking and no decision has been made under section 9 or 9.1 of the Act in respect of an application for approval to proceed with the undertaking, the following rules apply:

1. An application submitted under subsection 5 (1) of the Act for approval to proceed with the undertaking is deemed to have been submitted under subsection 17.2 (1) of the Act.

2. The proposed terms of reference given to the Ministry under subsection 6 (1) of the Act is deemed to have been given to the Ministry under subsection 17.4 (1) of the Act.

3. If a proponent has given public notice under subsection 6 (3.1) of the Act, the public notice is deemed to have been given under subsection 17.4 (4) of the Act.

4. If a terms of reference has been approved under subsection 6 (4) of the Act, the terms of reference is deemed to have been approved under subsection 17.4 (10) of the Act.

5. If an environmental assessment has been submitted under subsection 6.2 (1) of the Act, the environmental assessment is deemed to have been submitted under subsection 17.7 (1) of the Act.

6. If a proponent has given public notice under subsection 6.3 (1) of the Act, the public notice is deemed to have been given under subsection 17.8 (1) of the Act.

7. If the Director issued any requirements in respect of a proponent under section 6.3 of the Act, the same requirements are deemed to have been issued in respect of the proponent under section 17.8 of the Act.

8. If a statement describing deficiencies of an environmental assessment has been given under subsection 7 (4) of the Act, the statement is deemed to have been given under subsection 17.11 (4) of the Act.

9. If the Director has given public notice under subsection 7.1 (2) of the Act, the public notice is deemed to have been given under subsection 17.12 (2) of the Act.

(2) An undertaking mentioned in subsection (1) is deemed to be a Part II.3 project.

(3) If a class environmental assessment applies to an undertaking referred to in subsection (2), Part II.1 of the Act does not apply to the undertaking and instead Part II.3 applies to the project.

(4) The exemptions set out in subsections 12 (1), 17 (1), 18 (1) and 25 (1) of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act do not apply in respect of an undertaking referred to in subsection (2) of this section.

Deadlines

6. For the purposes of determining deadlines set out in the Act and in Ontario Regulation 616/98 (Deadlines) made under the Act, the following rules apply:

1. A terms of reference mentioned in paragraph 2 of subsection 5 (1) is deemed to have been received by the Ministry on the day the terms of reference that was given under subsection 6 (1) of the Act was received by the Ministry.

2. An environmental assessment mentioned in paragraph 5 of subsection 5 (1) is deemed to be received by the Ministry on the day the environmental assessment that was submitted under subsection 6.2 (1) of the Act was received by the Ministry.

3. Public notice mentioned in paragraph 6 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 6.3 (1) of the Act.

4. A requirement mentioned in paragraph 7 of subsection 5 (1) is deemed to have been issued on the day it was issued under section 6.3 of the Act.

5. A statement mentioned in paragraph 8 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 7 (4) of the Act.

6. Public notice mentioned in paragraph 9 of subsection 5 (1) is deemed to have been given on the day it was given under subsection 7.1 (2) of the Act.

7. If the deadline for comments under subsection 7.2 (2) of the Act is less than 13 weeks before the Part II.3 transition date,

i. the deadline determined under subsection 17.19 (1) of the Act is deemed to be the last business day of the 13th week after the deadline for comments under subsection 7.2 (2) of the Act, and

ii. the deadline determined under subsection 17.19 (2) of the Act is deemed to be the last business day of,

A. the 13th week after the deadline for comments under subsection 7.2 (2) of the Act, if there is no reference to mediation under section 8 or 17.14 of the Act or to the Tribunal under section 9.2 or 17.17 of the Act,

B. the seventh week after the Minister receives the mediator’s report, if there is a reference to mediation under section 8 or 17.14 of the Act, or

C. the seventh week after the Minister receives the decision of the Tribunal, if there is a reference to the Tribunal under section 9.2 or 17.17 of the Act.

Landfilling site, municipal support required

7. For the purposes of subsection 17.5 (4) of the Act, public notice mentioned in paragraph 3 of subsection 5 (1) of this Regulation is deemed to have been given on the day it was given under subsection 6 (3.1) of the Act.

Pending application, landfilling site

8. (1) For greater certainty, if, immediately before its repeal, section 6.0.1 of the Act applied to a proponent in respect of establishing a waste disposal site that is a landfilling site, section 17.5 of the Act applies to the proponent in respect of the activity.

(2) Written confirmation given by the Director under subsection 6.0.1 (10) of the Act after July 21, 2020 and before the Part II.3 transition date is deemed to have been given under subsection 17.5 (8) of the Act.

Notice of commencement re transit project assessment process

9. If, before the Part II.3 transition date, a proponent prepared and distributed a notice of commencement of the transit project assessment process under section 7 of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act as it read immediately before subsection 6 (3) of Ontario Regulation 52/24 made under the Act came into force,

(a) the transit project that is the subject of the notice of commencement is deemed to be a Part II.3 project and the exemptions in sections 17 and 18 of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act apply with necessary modifications; and

(b) section 11 of Ontario Regulation 231/08, as it read immediately before subsection 9 (1) of Ontario Regulation 52/24 came into force, continues to apply in respect of the proponent.

Environmental screening processes

10. For greater certainty, if, before the Part II.3 transition date, a proponent has commenced one of the following processes, any step taken in the process may be relied on for the purposes of the exemptions set out in sections 12, 17, 18 and 25 of Ontario Regulation 50/24 (Part II.3 Projects — Designations and Exemptions) made under the Act, as applicable:

1. The “Environmental Screening Process” as that term was defined in subsection 1 (1) of Ontario Regulation 116/01 (Electricity Projects) made under the Act immediately before that Regulation was revoked.

2. The “transit project assessment process” as that term was defined in subsection 1 (1) of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act immediately before section 2 of Ontario Regulation 52/24 came into force.

3. The “Environmental Screening Process for Waste Management Projects” as that term was defined in subsection 1 (1) of Ontario Regulation 101/07 (Waste Management Projects) made under the Act immediately before that Regulation was revoked.

Private sector developer projects

11. (1) Section 3 of this Regulation applies in respect of an enterprise or activity by a private sector developer if, before the Part II.3 transition date, a notice of commencement was issued under the Municipal Class Environmental Assessment in respect of the enterprise or activity.

(2) Any step taken under the Municipal Class Environmental Assessment by a private sector developer before the Part II.3 transition date in respect of an enterprise or activity referred to in subsection (1) is deemed to be a step taken under Part II.1 of the Act.

Order under s. 16 (1) of the Act

12. An order issued under subsection 16 (1) of the Act before the Part II.3 transition date is deemed to include a declaration that the proposed undertaking is a Part II.3 project.

Expired approvals, end of transition rule

13. If an undertaking is deemed to be a Part II.3 project under section 38.3 of the Act and the approval in respect of that project expires under section 17.25 of the Act, the project is no longer deemed to be a Part II.3 project on and after the expiration date.

Records re Part II.1 of the Act, retention etc.

14. On request, the Director shall make the following records available for inspection unless the record has been disposed of in accordance with the Archives and Recordkeeping Act, 2006:

1. Any record that the Director was required to maintain under section 30 of the Act, as it read on July 20, 2020, in respect of an application submitted under Part II.1 of the Act.

2. Any record that the Director was required to maintain under section 30 of the Act, as it read immediately before the Part II.3 transition date, in respect of an undertaking for which an application was submitted under Part II of the Act.

15. Omitted (revokes other Regulations).

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

 

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