Environmental Assessment Act, R.S.O. 1990, c. E.18

CONTENTS PART I INTERPRETATION AND APPLICATION 1. Interpretation 2. Purpose of Act 2.1 Existing aboriginal and treaty rights 3. Designation of projects 3.0.1 Agreement for application of Act 3.0.2 Eagle’s Nest 3.1 Harmonization, substitution 3.2 Declaration 4. The Crown 4.1 Non-application 4.2 Validity of decisions PART II.1 CLASS ENVIRONMENTAL ASSESSMENTS 13. No applications 14. Definition, change to undertaking 15. Application of Part 15.1 Director to receive certain notices 15.1.1 Prohibitions, proceeding with undertaking 15.1.2 Activities permitted before authorization to proceed 15.1.3 Reconsideration of approval 15.1.4 Amendment, etc. by regulation 15.2 Eligible proponents 15.3 Non-application of Act, certain undertakings 15.4 Amendment of an approved class environmental assessment 16. Order to comply with Part II.3 16.1 Time limit for orders 17. Transition PART II.3 COMPREHENSIVE ENVIRONMENTAL ASSESSMENTS 17.2 Approval for project 17.3 Obligation to consult 17.4 Terms of reference 17.5 Landfilling site, municipal support required 17.6 Preparation of environmental assessment 17.7 Submission of environmental assessment 17.8 Public notice of submission 17.9 Public inspection of environmental assessment 17.10 Information to be made available Ministry Review 17.11 Ministry review of environmental assessment 17.12 Notice of completion of Ministry review 17.13 Public inspection of Ministry review Decisions on the Application 17.14 Mediation 17.15 Decision by Minister 17.16 Referral to Tribunal 17.17 Referral to Tribunal of part of a decision 17.18 Request for referral to Tribunal 17.19 Deadline, Minister’s decisions 17.20 Referral to other tribunal, entity 17.21 Deferral of part of a decision 17.22 Review of Tribunal decision 17.23 When Tribunal decision is effective 17.24 Reconsideration of decisions 17.25 Expiry of approval Other Matters 17.26 Replacement of environmental assessment 17.27 Activities permitted before approval 17.28 Application of s. 17.24 17.28.1 Exemption, Chatham-Kent Waste Disposal Site PART II.4 STREAMLINED ENVIRONMENTAL ASSESSMENTS 17.29 Prohibition 17.30 Activities permitted before proceeding 17.31 Order to comply with Part II.3 PART III TRIBUNAL PROCEEDINGS 18. Application 19. Parties 20. Hearings 22. Notice of decision 23. Procedure 23.1 Decisions final PART IV PROVINCIAL OFFICERS 24. Designation of provincial officers 25. Powers of provincial officer 26. Obstruction of provincial officer 27. Matters confidential PART V ADMINISTRATION 27.1 Policy guidelines 28. Application to Divisional Court 30. Record 31. Powers and duties of Minister 31.1 Appointment of Directors 32. Protection from personal liability 34. False information 35. Certificates, etc., as evidence 36. Service, etc., of documents 37. Boards excluded 37.1 Notice by publication 37.2 Consolidation of notices 38. Offence PART V.1 TRANSITION 38.1 Regulations re transitional matters 38.2 Termination of request for s. 16 order 38.3 Deemed Part II.3 projects, approval 38.4 Amendment, etc., by order, transition to Part II.4 38.5 Deemed Part II.4 projects 38.6 Orders under s.16 PART VI REGULATIONS 39. Regulations, general 40. Regulations, Part II.4 41. Scope of regulations 42. Adoption of documents in regulations PART I INTERPRETATION AND APPLICATION Interpretation 1 (1) In this Act, “air” includes enclosed air; (“air”) “designated project” means a Part II.3 project or a Part II.4 project; (“projet désigné”) “Director” means a person appointed under section 31.1 to act as a Director; (“directeur”) “environment” means, (a) air, land or water, (b) plant and animal life, including human life, (c) the social, economic and cultural conditions that influence the life of humans or a community, (d) any building, structure, machine or other device or thing made by humans, (e) any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities, or (f) any part or combination of the foregoing and the interrelationships between any two or more of them, in or of Ontario; (“environnement”) “land” includes enclosed land, land covered by water and subsoil; (“terrain”) “Minister” means the Minister of the Environment, Conservation and Parks, or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “municipality” subject to subsection 17.5 (2), includes a local board as defined in the Municipal Affairs Act and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; (“municipalité”) “Part II.3 project” means a project that has been designated by the regulations as a project to which Part II.3 applies or that has been declared by the Minister to be a Part II.3 project by order made under subsection 16 (1) or 17.31 (1); (“projet visé par la partie II.3”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Part II.3 project” in subsection 1 (1) of the Act is amended by striking out “subsection 16 (1) or 17.31 (1)” at the end and substituting “subsection 17.31 (1)”. (See: 2020, c. 18, Sched. 6, s. 1 (5)) “Part II.4 project” means a project that has been designated by the regulations as a project to which Part II.4 applies and in respect of which an order has not been made under subsection 16 (1) or 17.31 (1); (“projet visé par la partie II.4”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Part II.4 project” in subsection 1 (1) of the Act is amended by striking out “subsection 16 (1) or 17.31 (1)” at the end and substituting “subsection 17.31 (1)”. (See: 2020, c. 18, Sched. 6, s. 1 (6)) “person” includes a municipality, the Crown in right of Ontario, a Crown agency within the meaning of the Crown Agency Act, a public body, a partnership, an unincorporated joint venture and an unincorporated association; (“personne”) “prescribed” means prescribed by the regulations; (“prescrit”) “proceed” includes “carry on”; (“exploiter”, “poursuivre”) “project” means one or more enterprises or activities or a proposal, plan or program in respect of an enterprise or activity; (“projet”) “proponent” means a person who, (a) carries out or proposes to carry out an undertaking or a project, or (b) is the owner or person having charge, management or control of an undertaking or a project; (“promoteur”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “proponent” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 1 (8)) “proponent” means a person who, (a) carries out or proposes to carry out a project, or (b) is the owner or person having charge, management or control of a project; (“promoteur”) “provincial officer” means a person designated by the Minister as a provincial officer under Part IV; (“agent provincial”) “public body” means a body other than a municipality that is defined as a public body by the regulations; (“organisme public”) “regulations” means the regulations made under this Act; (“règlements”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “undertaking” means, (a) an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity by or on behalf of the Crown in right of Ontario, by a public body or public bodies or by a municipality or municipalities, (b) a major commercial or business enterprise or activity or a proposal, plan or program in respect of a major commercial or business enterprise or activity of a person or persons other than a person or persons referred to in clause (a) that is designated by the regulations, or (c) an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity of a person or persons, other than a person or persons referred to in clause (a), if an agreement is entered into under section 3.0.1 in respect of the enterprise, activity, proposal, plan or program; (“entreprise”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “undertaking” in subsection 1 (1) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 1 (10)) “water” means surface water and ground water, or either of them. (“eau”) R.S.O. 1990, c. E.18, s. 1; 1993, c. 27, Sched; 1996, c. 27, s. 1 (1-5); 2000, c. 26, Sched. E, s. 2 (1); 2000, c. 26, Sched. F, s. 11 (1, 2); 2001, c. 9, Sched. G, s. 3 (1, 2); 2002, c. 17, Sched. F, Table; 2019, c. 9, Sched. 6, s. 1; 2020, c. 18, Sched. 6, s. 1 (1-4, 7, 9); 2021, c. 4, Sched. 6, s. 44 (1). Definition of classes (2) For the purposes of this Act or a regulation, a class may be defined with respect to an attribute, quality or characteristic or combination thereof. 1996, c. 27, s. 1 (6). Same (3) A class may be defined to include or exclude one or more members that would otherwise not be included in or excluded from the class. 1996, c. 27, s. 1 (6). Same (4) A class may be defined to consist of a specified person, thing, matter or activity. 1996, c. 27, s. 1 (6). Same (5) An amendment to an approved class environmental assessment made under section 15.1.4 or subsection 15.4 (1) may include a change to the definition of the class of undertakings to which the approved class environmental assessment applies, and, in particular, the amendment may include adding or removing a class. 2021, c. 34, Sched. 10, s. 1. Same (6) Subsection (5) applies, with necessary modifications, to an amendment to an approval of a class environmental assessment made under section 15.1.4. 2021, c. 34, Sched. 10, s. 1. Acquisition of property (7) For greater certainty, under this Act, a reference to acquiring property or rights in property is a reference to acquiring the property or rights in property by purchase, lease, expropriation or otherwise. 2024, c. 9, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 27, s. 1 (1-6) - 01/01/1997 2000, c. 26, Sched. E, .s. 2 (1) - 06/12/2000; 2000, c. 26, Sched. F, s. 11 (1, 2) - 06/12/2000 2001, c. 9, Sched. G, s. 3 (1, 2) - 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2019, c. 9, Sched. 6, s. 1 - 06/06/2019 2020, c. 18, Sched. 6, s. 1 (1, 3, 4, 7) - 22/02/2024; 2020, c. 18, Sched. 6, s. 1 (2, 9) - 21/07/2020; 2020, c. 18, Sched. 6, s. 1 (5, 6, 8, 10) - not in force 2021, c. 4, Sched. 6, s. 44 (1) - 01/06/2021; 2021, c. 34, Sched. 10, s. 1- 02/12/2021 2024, c. 9, Sched. 1, s. 1 - 16/05/2024 CTS 6 FE 25 - 1 - 06/02/2025 Purpose of Act 2 The purpose of this Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment. R.S.O. 1990, c. E.18, s. 2. Existing aboriginal and treaty rights 2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 2 - 21/07/2020 Designation of projects 3 (1) The Lieutenant Governor in Council may make regulations designating projects as projects to which Part II.3 or II.4 apply. 2020, c. 18, Sched. 6, s. 3 (2). Same (2) A regulation under subsection (1) may designate a project or a class of projects. It may also describe a designated project with reference to a proponent or a class of proponents. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary activities (3) A project that is designated under subsection (1) includes any enterprise or activity that is ancillary to that project. 2020, c. 18, Sched. 6, s. 3 (2). Same, ancillary project (4) A project that is designated as a Part II.3 project includes any Part II.4 project that is ancillary to the Part II.3 project and that has the same proponent as the Part II.3 project. The Part II.4 project shall be deemed not to be a Part II.4 project for the purposes of this Act. 2020, c. 18, Sched. 6, s. 3 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 3 (3) - 29/06/2001 2020, c. 18, Sched. 6, s. 3 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 3 (2) - 22/02/2024 Agreement for application of Act 3.0.1 (1) A person who carries out, proposes to carry out or is the owner or person having charge, management or control of a project that is not a designated project may enter into a written agreement with the Minister to have all or part of this Act and of the regulations apply to the project. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.3 or Part II.4 projects (2) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.3 or Part II.4 of this Act to apply with respect to the project, that project is deemed to be a Part II.3 project or a Part II.4 project, as the case may be. 2020, c. 18, Sched. 6, s. 4 (2). Deemed Part II.1 projects (3) If an agreement is entered into under subsection (1) with respect to a project and the agreement provides for Part II.1 of this Act to apply with respect to the project, that project is deemed to be an undertaking to which the approved class environmental assessment identified in the agreement applies. 2020, c. 18, Sched. 6, s. 4 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.0.1 (3) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 4 (3)) Transition, previous agreements (4) An enterprise or activity or a proposal, plan or program is deemed to be a Part II.3 project if, (a) this Act applied to it by virtue of an agreement made before the day subsection 4 (2) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force; and (b) on the day Part II.3 comes into force, no approval had been given under section 9 or 9.1 to proceed with the enterprise or activity or the proposal, plan or program. 2020, c. 18, Sched. 6, s. 4 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 3 (4) - 29/06/2001 2020, c. 18, Sched. 6, s. 4 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 4 (2) - 22/02/2024; 2020, c. 18, Sched. 6, s. 4 (3) - not in force Eagle’s Nest Definitions 3.0.2 (1) In this section, “Eagle’s Nest Agreement” means the agreement entered into under section 3.0.1 between the Minister of the Environment and Noront Resources Ltd., its agents, successors and assigns, having an effective date of September 9, 2011 and available on a website of the Government of Ontario, concerning various enterprises or activities for or related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario near McFaulds Lake; (“entente Eagle’s Nest”) “Eagle’s Nest Approval” means the approval, issued on June 18, 2015 under subsection 6 (4) as that subsection read on that date and available on a website of the Government of Ontario, of terms of reference for the preparation of an environmental assessment concerning various enterprises or activities for or related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario near McFaulds Lake. (“approbation Eagle’s Nest”) 2025, c. 4, Sched. 3, s. 1 (1). Termination (2) The Eagle’s Nest Agreement is terminated. 2025, c. 4, Sched. 3, s. 1 (1). Non-application of s. 3.0.1. (4) (3) Subsection 3.0.1 (4) does not apply in respect of any enterprise or activity described in the Eagle’s Nest Agreement. 2025, c. 4, Sched. 3, s. 1 (1). Non-application of regulation (4) Section 5 of Ontario Regulation 53/24 (General and Transitional Matters) made under the Act does not apply to the enterprises or activities described in the Eagle’s Nest Agreement. 2025, c. 4, Sched. 3, s. 1 (1). Revocation (5) The Eagle’s Nest Approval is revoked. 2025, c. 4, Sched. 3, s. 1 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 3.0.2 of the Act is repealed. (See: 2025, c. 4, Sched. 3, s. 1 (2)) Section Amendments with date in force (d/m/y) 2025, c. 4, Sched. 3, s. 1 (1) - 05/06/2025; 2025, c. 4, Sched. 3, s. 1 (2) - not in force Harmonization, substitution 3.1 (1) This section applies if, (a) another jurisdiction imposes requirements with respect to an undertaking to which this Act applies or with respect to a designated project; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3.1 (1) (a) of the Act is amended by striking out “with respect to an undertaking to which this Act applies or”. (See: 2020, c. 18, Sched. 6, s. 5 (4)) (b) the Minister considers the requirements imposed by the other jurisdiction to be equivalent to the requirements imposed by this Act. 2020, c. 18, Sched. 6, s. 5 (3). Order to vary or dispense (2) The Minister may by order vary or dispense with a requirement imposed under this Act with respect to the undertaking or designated project if, (a) both jurisdictions have agreed to harmonization or substitution of requirements in relation to the undertaking or project; or (b) there is an agreement with respect to harmonization or substitution between the jurisdictions. 2020, c. 18, Sched. 6, s. 5 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.1 (2) of the Act is amended by striking out “undertaking or” wherever it appears. (See: 2020, c. 18, Sched. 6, s. 5 (5)) Order to impose additional requirements (3) The Minister may by order impose requirements in addition to those imposed under this Act with respect to the undertaking or designated project if the condition set out in clause (2) (a) or (b) is satisfied and the additional requirements are being imposed to provide for harmonization or substitution. 2020, c. 18, Sched. 6, s. 5 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.1 (3) of the Act is amended by striking out “undertaking or”. (See: 2020, c. 18, Sched. 6, s. 5 (6)) Declaration of non-application (4) The Minister may by order declare that this Act does not apply with respect to the undertaking or designated project and may make the order subject to such conditions as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 5 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.1 (4) of the Act is amended by striking out “undertaking or”. (See: 2020, c. 18, Sched. 6, s. 5 (7)) Notice and comment (5) When the Minister proposes to make an order under this section, the Minister shall give adequate public notice of the proposed order and shall ensure that members of the public have an opportunity to comment on it. 2020, c. 18, Sched. 6, s. 5 (3). Reasons (6) When making an order, the Minister shall give written reasons. 2020, c. 18, Sched. 6, s. 5 (3). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 2 - 01/01/1997 2020, c. 18, Sched. 6, s. 5 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 5 (3) - 22/02/2024; 2020, c. 18, Sched. 6, s. 5 (4-7) - not in force Declaration 3.2 (1) Subject to subsection (1.1), the Minister may by order, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, (a) declare that this Act, the regulations, any provision of this Act or the regulations or any matter provided for under this Act does not apply with respect to an undertaking, class of undertakings, designated project, class of designated projects, person or class of persons; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3.2 (1) (a) of the Act is amended by striking out “an undertaking, class of undertakings, designated project” and substituting “a designated project”. (See: 2020, c. 18, Sched. 6, s. 6 (2)) (b) suspend or revoke the declaration; (c) impose conditions on the declaration; or (d) amend or revoke conditions imposed on the declaration. 2020, c. 18, Sched. 6, s. 6 (1). Same (1.1) The Minister shall make an order under subsection (1) only if the Minister considers that it is in the public interest to do so having regard to the purpose of this Act and weighing it against the injury, damage or interference that might be caused to any person or property by the application of this Act to the undertaking, class of undertakings, designated project, class of designated projects, person or class of persons. 2020, c. 18, Sched. 6, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3.2 (1.1) is amended by striking out “undertaking, class of undertakings”. (See: 2020, c. 18, Sched. 6, s. 6 (3)) Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order made under subsection (1). 1996, c. 27, s. 2; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 2 - 01/01/1997 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2020, c. 18, Sched. 6, s. 6 (1) - 22/02/2024; 2020, c. 18, Sched. 6, s. 6 (2, 3) - not in force 3.3 Repealed: 2020, c. 18, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 5 - 01/01/2007 2020, c. 18, Sched. 6, s. 7 - 22/02/2024 The Crown 4 This Act binds the Crown. R.S.O. 1990, c. E.18, s. 4. Non-application 4.1 Section 21.2 (power to review) of the Statutory Powers Procedure Act does not apply with respect to decisions made under this Act. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020 Validity of decisions 4.2 A decision of the Minister or Director under this Act is not invalid solely on the ground that the decision was not made before the applicable deadline. 2020, c. 18, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 8 - 21/07/2020 PART II (S. 5-12.4) Repealed: 2020, c. 18, Sched. 6, s. 20. 5 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 9 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 5.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 6 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (2, 3) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 6.0.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 10 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 6.1-6.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 6.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 6.5 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 11 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 7 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 12 (1-3) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 7.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 7.2-8 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 9 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 13 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 9.1-9.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 10 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 14 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 11 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (3, 4) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 2021, c. 4, Sched. 6, s. 44 (1) - 01/06/2021 11.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 11.2 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (6, 7) - 06/12/2000; 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 15 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 11.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 11.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2019, c. 9, Sched. 6, s. 2 (1, 2) - 06/06/2019 2020, c. 18, Sched. 6, s. 16 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 11.5 Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 17 - no effect - see 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 12 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 18 - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 12.1 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 12.2 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 19 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 12.3 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 12.4 Repealed: 2020, c. 18, Sched. 6, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 3 (1, 2) - 06/06/2019 2020, c. 18, Sched. 6, s. 20 - 22/02/2024 Note: On a day to be named by proclamation of the Lieutenant Governor, Part II.1 of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 26) PART II.1 CLASS ENVIRONMENTAL ASSESSMENTS No applications 13 On and after the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent, no application for approval of a class environmental assessment shall be submitted and any application in respect of which no approval has been given under this Part before that day shall be terminated. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020, 2020, c. 18, Sched. 6, s. 26 - not in force 13.1 Repealed: 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020 13.2 Repealed: 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2001, c. 9, Sched. G, s. 3 (5) - 29/06/2001 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020 Definition, change to undertaking 14 In this Part, “change to an undertaking” means a change to an undertaking that is proposed after the undertaking is authorized to proceed under an approved class environmental assessment and is provided for in the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 4 - 06/06/2019 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Application of Part 15 Sections 15.1 to 17 apply in respect of undertakings to which one of the following approved class environmental assessments, as amended or renamed from time to time, applies: 1. GO Transit Class Environmental Assessment Document approved by the Lieutenant Governor in Council on December 13, 1995 under Order in Council 2316/1995. 2. Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999. 3. Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000. 4. 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. 5. Class Environmental Assessment for Remedial Flood and Erosion Control Projects approved by the Lieutenant Governor in Council on June 26, 2002 under Order in Council 1381/2002. 6. 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. 7. 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. 8. Class Environmental Assessment for Waterpower Projects approved by the Lieutenant Governor in Council on September 24, 2008 under Order in Council 1623/2008. 9. Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012. 10. 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. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Director to receive certain notices 15.1 (1) The proponent of an undertaking referred to in section 15 who issues a notice of completion or a notice of addendum under an approved class environmental assessment shall submit a copy of the notice to the Director in the manner specified by the Director. 2020, c. 18, Sched. 6, s. 21 (1). (2) Repealed: 2023, c. 5, Sched. 1, s. 1. Extension of comment period (3) If a proponent of an undertaking referred to in section 15 extends the comment period provided for in a notice of completion or a notice of addendum in accordance with the approved class environmental assessment, the proponent shall give the Director notice of the extension. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 1 - 18/05/2023 Prohibitions, proceeding with undertaking 15.1.1 (1) No person shall proceed with an undertaking referred to in section 15 unless the person does so in accordance with the approved class environmental assessment and with subsections (5) to (9). 2020, c. 18, Sched. 6, s. 21 (1, 2). Exception (2) Despite subsection (1), a proponent of an undertaking referred to in section 15 may apply under subsection 17.2 (1) to the Minister for approval to proceed with the undertaking as a Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the undertaking shall be deemed to be a Part II.3 project and Part II.3 applies in respect of it instead of this section. 2020, c. 18, Sched. 6, s. 21 (3). Same (3) Subsection (2) ceases to apply if the application for approval to proceed with the undertaking as a Part II.3 project is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 21 (3). Same (4) Despite subsection (1), if the Minister makes an order under subsection 16 (1) declaring an undertaking referred to in section 15 to be a Part II.3 project for the purposes of this Act, subsection (1) ceases to apply with respect to the project and Part II.3 applies. 2020, c. 18, Sched. 6, s. 21 (4). Limitation on proceeding (5) Despite anything in an approved class environmental assessment, no person shall proceed with an undertaking referred to in section 15 until at least 30 days, or such other number of days as may be prescribed, after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Same, non-application (5.1) Subject to any prescribed limitations, the Minister may, by order, provide that subsection (5) ceases to apply to an undertaking immediately, or on a date specified in the order. 2023, c. 5, Sched. 1, s. 2 (1). Same (5.2) An order under subsection (5.1) may only be made after the end of the comment period referred to in subsection (5), as that comment period may be extended. 2023, c. 5, Sched. 1, s. 2 (1). Same (5.3) An order made under subsection (5.1) with respect to an undertaking does not apply to a change to the undertaking and, for greater certainty, subsection (10) applies to the change and the Minister may make an order under subsection (5.1) with respect to the change. 2023, c. 5, Sched. 1, s. 2 (1). Same (6) Despite subsection (5), if a notice of a proposed order is given to a proponent by the Director under subsection 16.1 (2), subsection (5) does not apply and no person shall proceed with the undertaking until at least 30 days, or such other number of days as may be prescribed, after the day the notice of the proposed order was given, subject to subsection (7). 2020, c. 18, Sched. 6, s. 21 (1). Same (7) If a notice of a proposed order includes a request for information made by the Director under subsection 16.1 (4), subsections (5) and (6) do not apply and the proponent shall not proceed with the undertaking until, (a) if the proponent provides all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of satisfactory response from the Director under clause 16.1 (6) (a), at least 30 days, or such other number of days as may be prescribed, after the Director gives the proponent a notice of satisfactory response under clause 16.1 (6) (a); or (b) if the proponent fails to provide all the requested information on or before the deadline specified in the notice of a proposed order and receives a notice of unsatisfactory response from the Director under clause 16.1 (7) (a), at least 30 days, or such other number of days as may be prescribed, that follows the comment period provided for in, (i) a new notice of completion that the proponent is required to issue under clause 16.1 (7) (c), or (ii) any further notice of completion that may be required of the proponent under subsection 16.1 (9), until such time as the Director is satisfied that all the information requested in the notice of the proposed order has been provided by the proponent in the notice of completion. 2020, c. 18, Sched. 6, s. 21 (1). (8) Repealed: 2023, c. 5, Sched. 1, s. 2 (2). Same, application for s. 16 order (9) Despite anything in an approved class environmental assessment, if a request is made under subsection 16 (6) for the Minister to make an order under section 16 in respect of an undertaking that is proceeding under the approved class environmental assessment, no person shall proceed with the undertaking while the Minister’s decision with respect to the request is still pending. 2020, c. 18, Sched. 6, s. 21 (1). Change to undertaking (10) This section applies with necessary modifications to a change to an undertaking that has been authorized to proceed in accordance with an approved class environmental assessment and, for the purposes of the application of subsections (5) to (9) to such a change, any reference in those subsections to a notice of completion shall be deemed to be a reference to a notice of addendum issued with respect to the change to the undertaking under the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 21 (2-4) - 22/02/2024; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 2 (1, 2) - 18/05/2023 Activities permitted before authorization to proceed 15.1.2 (1) Before a proponent is authorized to proceed with an undertaking referred to in section 15, a person may, (a) take any action in connection with the undertaking that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the undertaking; (c) prepare a feasibility study and engage in research in connection with the undertaking; or (d) establish a reserve fund or another financing mechanism in connection with the undertaking. 2020, c. 18, Sched. 6, s. 21 (1). Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the undertaking has been given until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Exception (3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Restriction on provincial funding (4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the undertaking until the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Exception (5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent is authorized to proceed with the undertaking under an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Prohibition following approval (6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to an undertaking if it would be inconsistent with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Reconsideration of approval 15.1.3 (1) If there is a change in circumstances or new information concerning the approval of a class environmental assessment listed in section 15 and if the Minister considers it appropriate to do so, he or she may reconsider the approval under this section. 2020, c. 18, Sched. 6, s. 21 (1). Same (2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider the approval. 2020, c. 18, Sched. 6, s. 21 (1). Same (3) The Minister may refer the reconsideration of the approval of a class environmental assessment under this section to the Tribunal and, in that case, the Tribunal may conduct the reconsideration instead of the Minister. 2020, c. 18, Sched. 6, s. 21 (1). Minister may require plans, etc. (4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require a person given approval in respect of a class environmental assessment to provide plans, specifications, technical reports or other information and to carry out and report on tests or experiments. 2020, c. 18, Sched. 6, s. 21 (1). Amendment, revocation (5) After reconsidering an approval under this section, the Minister or Tribunal may amend or revoke the approval. 2020, c. 18, Sched. 6, s. 21 (1). Rules, etc. (6) A decision under this section shall be made in accordance with any rules and subject to any restrictions as may be prescribed. 2020, c. 18, Sched. 6, s. 21 (1). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 21 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Amendment, etc. by regulation 15.1.4 The Lieutenant Governor in Council may by regulation amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 22 - 01/01/2022; 2020, c. 18, Sched. 6, s. 26 - not in force Eligible proponents 15.2 (1) This section applies if an approved class environmental assessment provides that only certain proponents or classes of proponents may proceed with undertakings in accordance with it. 1996, c. 27, s. 3. Regulations (2) The Lieutenant Governor in Council may, by regulation, authorize additional proponents or classes of proponents to proceed with undertakings in accordance with a specified class environmental assessment, may impose conditions on the proponents’ doing so and may vary the class environmental assessment as it applies to those proponents. 1996, c. 27, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 26 - not in force Non-application of Act, certain undertakings 15.3 (1) A class environmental assessment as it is approved or amended may provide that this Act does not apply with respect to one or more undertakings within the class, including as a result of the evaluation of screening criteria specified within the class environmental assessment. 2019, c. 9, Sched. 6, s. 5. Exemption of undertakings (2) An undertaking provided for in subsection (1) is exempt from this Act. 2019, c. 9, Sched. 6, s. 5. Specific exemptions that are based on meeting criteria (3) Where a proponent determines that it is not required to conduct further assessment or public consultation in respect of an undertaking based on evaluation of screening criteria specified within one of the following class environmental assessments, as amended or re-named from time to time before May 1, 2019, that undertaking is exempt from this Act as long as any conditions specified within the class environmental assessment are complied with: 1. 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. 2. 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. 3. 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. 4. Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012. 5. 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. 2019, c. 9, Sched. 6, s. 5; 2020, c. 18, Sched. 6, s. 23 (1). Exemptions, specific undertakings (4) An undertaking listed in the following schedules, groups or categories of an approved class environmental assessment, as amended or re-named from time to time before May 1, 2019, and that is carried out by a person authorized to proceed in accordance with that class environmental assessment, is exempt from this Act: 1. Group A of the GO Transit Class Environmental Assessment Document approved by the Lieutenant Governor in Council on December 13, 1995 under Order in Council 2316/1995. 2. Group D of the Class Environmental Assessment for Provincial Transportation Facilities approved by the Lieutenant Governor in Council on October 6, 1999 under Order in Council 1653/1999. 3. Schedules A and A+ of the Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000. 4. Category A of 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. 5. Category A of 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. 6. Category A of 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. 7. Category A of the Class Environmental Assessment for Activities of the Ministry of Northern Development and Mines under the Mining Act approved by the Lieutenant Governor in Council on December 12, 2012 under Order in Council 1952/2012. 2019, c. 9, Sched. 6, s. 5; 2020, c. 18, Sched. 6, s. 23 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 6, s. 5 - 06/06/2019 2020, c. 18, Sched. 6, s. 23 (1, 2) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Amendment of an approved class environmental assessment 15.4 (1) The Minister may amend an approved class environmental assessment in accordance with this section. 2019, c. 9, Sched. 6, s. 5. Notice and comment (2) When the Minister is considering amending an approved class environmental assessment under this section, the Minister shall ensure that adequate public notice of the proposed amendment is provided and that members of the public have an opportunity to comment on it. 2019, c. 9, Sched. 6, s. 5; 2020, c. 18, Sched. 6, s. 24. Approval (3) The Minister may amend an approved class environmental assessment if the Minister is satisfied that the amendments are consistent with the purpose of this Act and the public interest. 2019, c. 9, Sched. 6, s. 5. Reasons (4) When amending or refusing to amend an approved class environmental assessment, the Minister shall give written reasons to the person given approval in respect of the class environmental assessment under section 9 and to any other persons the Minister considers advisable. 2019, c. 9, Sched. 6, s. 5. Administrative amendments (5) The Director may amend an approved class environmental assessment to make one or more of the following administrative changes: 1. Correcting errors that are editorial or typographical in nature. 2. Updating references to an Act or regulation, or provisions or other portions of an Act or regulation. 3. Updating references to bodies, offices, persons, places, names, titles, locations, website or addresses. 4.

Clarifying the existing text of the class environmental assessment. 2019, c. 9, Sched. 6, s. 5. Own initiative (6) The Minister or Director may amend an approved class environmental assessment on the Minister’s or Director’s own initiative. 2019, c. 9, Sched. 6, s. 5. Commencement of amendment (7) An amendment to an approved class environmental assessment, whether by the Minister or the Director, comes into effect upon publication of a notice of the amendment in the registry under the Environmental Bill of Rights, 1993. 2019, c. 9, Sched. 6, s. 5. Section prevails (8) Amendments to approved class environmental assessments must be made in accordance with this section despite any amendment processes that may be set out in those class environmental assessments or any conditions set out in an approval given under section 9. 2019, c. 9, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 6, s. 5 - 06/06/2019 2020, c. 18, Sched. 6, s. 24 - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force Order to comply with Part II.3 16 (1) The Minister may make an order declaring a proposed undertaking referred to in section 15 to be a Part II.3 project. 2020, c. 18, Sched. 6, s. 25 (2). Same (2) In an order under subsection (1), the Minister may do the following: 1. Set out directions with respect to the terms of reference governing the preparation of an environmental assessment for the project. 2. Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment as are specified in the order. 2020, c. 18, Sched. 6, s. 25 (1, 3). Order imposing additional conditions (3) The Minister may by order impose conditions on an undertaking referred to in section 15, in addition to the conditions that were imposed upon the approval of the class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Same (4) An order under subsection (1) or (3) may be made on the initiative of the Minister or on the request of a person under subsection (6). 2020, c. 18, Sched. 6, s. 25 (1). Basis for order (5) The Minister shall consider the following matters when making an order under subsection (1) or (3): 1. The purpose of this Act. 2. The factors suggesting that the proposed undertaking differs from other undertakings in the class to which the class environmental assessment applies. 3. The significance of the factors and of the differences mentioned in paragraph 2. 4. If a request for the order was made by a person under subsection (6), any ground for making the request that is given by that person and permitted under subsection (6). 5. The mediators’ report, if any, following a referral under subsection (7). 6. Such other matters as may be prescribed. 7. Such other matters as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 25 (1). Request for order (6) A person may request the Minister to make an order under this section only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 25 (1). Mediation (7) The Minister may refer a matter in connection with a request made under subsection (6) to mediation and section 8 applies with necessary modifications. 2020, c. 18, Sched. 6, s. 25 (1). Order after request (8) For the purpose of considering a request made by a person under subsection (6), the Director may require the proponent to undertake such consultations and to provide such information as the Director may specify. 2020, c. 18, Sched. 6, s. 25 (1). Refusal after request (9) If, after receiving a request under subsection (6), the Minister refuses to make an order, the Minister shall give the person who made the request and the proponent notice of his or her decision together with the reasons for the decision. 2020, c. 18, Sched. 6, s. 25 (1). Notice of order (10) The Minister shall give a copy of an order made under this section, together with the reasons for it, to the proponent, to the person who requested the order, if any and to such other persons as the Minister considers advisable. 2020, c. 18, Sched. 6, s. 25 (1). Change to undertaking (11) The Minister may make an order under this section with respect to a change to an undertaking and this section shall apply with necessary modifications to such an order. 2020, c. 18, Sched. 6, s. 25 (1). Conflict (12) This section prevails over anything to the contrary that may be provided for in an approved class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Amendment of s. 16 (3) order (13) The Minister may, in accordance with the regulations, if any, amend any order made under subsection 16 (3), regardless of whether the order was made before or after subsection 25 (1) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force. 2020, c. 18, Sched. 6, s. 25 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 6 (1-6) - no effect - see 2020, c. 18, Sched. 6, s. 60 (1) - 21/07/2020 2020, c. 18, Sched. 6, s. 25 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 25 (2, 3) - 22/02/2024; 2020, c. 18, Sched. 6, s. 26 - not in force Time limit for orders 16.1 (1) The Minister shall not make an order under subsection 16 (1) or (3) on his or her own initiative if more than 30 days, or such other number of days as may be prescribed, has elapsed after the end of the comment period provided for in a notice of completion issued under the approved class environmental assessment, as that comment period may be extended in accordance with the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 25 (1). Notice of proposed order (2) Despite subsection (1), the Minister may make an order under subsection 16 (1) or (3) on his or her own initiative after the time limit described in subsection (1) if before the time limit has elapsed the Director gives the proponent notice that the Minister is considering making the order. 2020, c. 18, Sched. 6, s. 25 (1). New time limit (3) If notice of a proposed order is given by the Director under subsection (2), the Minister may make the order under subsection 16 (1) or (3) only if he or she does so, (a) before the end of the 30-day period, or such other time period as may be prescribed, that follows the giving of the notice of the proposed order; or (b) if the Director includes in the notice of the proposed order a request for information under subsection (4), before the end of the 30-day period, or such other time period as may be prescribed, that follows the day the Director gives the proponent a notice of satisfactory response under clause (6) (a), subject to subsections (7) to (12). 2020, c. 18, Sched. 6, s. 25 (1). Request for information (4) In a notice of a proposed order, the Director may request that the proponent provide such information as the Director believes is necessary to assist the Minister in determining whether to make the order and that the information be provided on or before the specified deadline. 2020, c. 18, Sched. 6, s. 25 (1). Compliance with request (5) The proponent shall give the Director the information specified in the notice of the proposed order on or before the deadline specified in the notice. 2020, c. 18, Sched. 6, s. 25 (1). Same (6) If the Director is satisfied that the proponent has provided all the information requested in the notice of the proposed order within the specified deadline, (a) the Director shall give the proponent a notice of satisfactory response; and (b) the Minister may make the order within the time limit set out in clause (3) (b). 2020, c. 18, Sched. 6, s. 25 (1). Failure to comply with request (7) If a proponent fails to provide all the information requested in the notice of the proposed order within the specified deadline or if, upon review of the information provided, the Director is not satisfied that all the information requested has been provided, (a) the Director shall give the proponent a notice of unsatisfactory response; (b) the time limits under subsections (1) and (3) that applied with respect to the comment period provided for in the notice of completion previously issued by the proponent cease to apply; (c) the proponent shall issue a new notice of completion in accordance with subsection (9); and (d) the time limits under subsections (1) and (3) shall apply with respect to the comment period provided for in the new notice of completion. 2020, c. 18, Sched. 6, s. 25 (1). Notice of unsatisfactory response (8) A notice of unsatisfactory response issued by the Director under clause (7) (a) shall, (a) specify the information that the proponent must provide in order to satisfy the request for information that was made by the Director in the notice of the proposed order; and (b) advise the proponent that a new notice of completion must be issued by the proponent within the time period specified by the Director. 2020, c. 18, Sched. 6, s. 25 (1). New notice of completion (9) On or before the end of the time period specified by the Director in the notice of unsatisfactory response, the proponent shall, (a) issue a new notice of completion in accordance with such directions as may be specified by the Director; and (b) provide to the Director all of the information specified by the Director in the notice of unsatisfactory response. 2020, c. 18, Sched. 6, s. 25 (1). New comment period (10) The notice of completion issued under clause (9) (a) shall provide for a new comment period which shall be at least 30 days in duration. 2020, c. 18, Sched. 6, s. 25 (1). Further failure to comply (11) If a proponent fails to comply with subsections (9) and (10), subsections (7), (8), (9) and (10) shall apply with necessary modifications to that failure. 2020, c. 18, Sched. 6, s. 25 (1). Same (12) Subsection (11) shall apply to successive failures to comply with subsections (9) and (10) until the Director is satisfied that the proponent has provided all the requested information and issues a notice of satisfactory response in accordance with subsection (6) and, when the Director issues a notice of satisfactory response, the time limit set out in clause (6) (b) shall apply with respect to any order to be made by the Minister under subsection 16 (1) or (3) on his or her own initiative. 2020, c. 18, Sched. 6, s. 25 (1). Change to undertaking (13) This section applies if the Minister is considering making an order under subsection 16 (1) or (3) with respect to a change to an undertaking and, for the purpose of that application, any reference in this section to a notice of completion shall be deemed to be a reference to a notice of addendum. 2020, c. 18, Sched. 6, s. 25 (1). (14) Repealed: 2023, c. 5, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 25 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 26 - not in force 2023, c. 5, Sched. 1, s. 3 - 18/05/2023 Transition 17 (1) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to have been approved under this Part and to have been valid from the date on which it was approved. 1996, c. 27, s. 3. Same (2) A class environmental assessment approved by the Minister before this Part comes into force shall be deemed to comply with this Part. 1996, c. 27, s. 3. Same (3) Section 16 applies with respect to an undertaking commenced after this Part comes into force that is proceeding in accordance with a class environmental assessment approved by the Minister before this Part comes into force. 1996, c. 27, s. 3. Same (4) Section 12.4 applies with necessary modifications with respect to a class environmental assessment. 1996, c. 27, s. 3. Transition: amendments to class environmental assessments (5) An amendment to a class environmental assessment made before section 15.4 comes into force shall be deemed to have been approved under that section and to have been valid from the date on which it was amended. 2019, c. 9, Sched. 6, s. 7 (1). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2019, c. 9, Sched. 6, s. 7 (1) - 06/06/2019; 2019, c. 9, Sched. 6, s. 7 (2) - no effect - see 2020, c. 18, Sched. 6, s. 60 (2) - 21/07/2020 2020, c. 18, Sched. 6, s. 26 - not in force PART II.2 (S. 17.1) Repealed: 2020, c. 18, Sched. 6, s. 28. 17.1 Repealed: 2020, c. 18, Sched. 6, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 3 - 01/01/1997 2020, c. 18, Sched. 6, s. 27 - 21/07/2020; 2020, c. 18, Sched. 6, s. 28 - 22/02/2024 Part II.3 Comprehensive Environmental Assessments Approval for project 17.2 (1) Every proponent who wishes to proceed with a Part II.3 project shall apply to the Minister for approval to do so. 2020, c. 18, Sched. 6, s. 29. Application (2) The application consists of the proposed terms of reference submitted under subsection 17.4 (1) and the environmental assessment subsequently submitted under subsection 17.7 (1). 2020, c. 18, Sched. 6, s. 29. Form, manner of application (3) An application shall be submitted to the Minister in the form and manner specified by the Director. 2020, c. 18, Sched. 6, s. 29. Prohibition (4) No person shall proceed with a Part II.3 project unless the Minister gives his or her approval to proceed under section 17.15 or the Tribunal gives its approval under section 17.16. 2020, c. 18, Sched. 6, s. 29. Same (5) No person shall proceed with a Part II.3 project in a manner inconsistent with a condition imposed by the Minister or the Tribunal for proceeding with it. 2020, c. 18, Sched. 6, s. 29. Potential non-compliance (6) A proponent who has received approval to proceed with a Part II.3 project shall promptly notify the Minister if the proponent may not be able to comply with the approval as a result of a change in circumstances. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Obligation to consult 17.3 When preparing proposed terms of reference and an environmental assessment, the proponent shall consult with such persons as may be interested. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Terms of reference 17.4 (1) The proponent shall give the Ministry proposed terms of reference governing the preparation of an environmental assessment for the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The proposed terms of reference must, (a) indicate that the environmental assessment will be prepared in accordance with the requirements set out in subsection 17.6 (2); (b) indicate that the environmental assessment will be prepared in accordance with such requirements as may be prescribed for the class of Part II.3 project the proponent wishes to proceed with, which may include requirements to provide information that is greater than or less than what is required under subsection 17.6 (2); or (c) specify in detail the requirements for the preparation of the environmental assessment, which may include requirements to provide information that is greater than or less than what is required under subsection 17.6 (2). 2020, c. 18, Sched. 6, s. 29. Same (3) The proposed terms of reference must be accompanied by a description of the consultations by the proponent and the results of the consultations. 2020, c. 18, Sched. 6, s. 29. Public notice (4) The proponent shall give public notice of the proposed terms of reference and shall do so by the prescribed deadline and in the form and manner required by the Director. 2020, c. 18, Sched. 6, s. 29. Same (5) The public notice must indicate where and when members of the public may inspect the proposed terms of reference, state that they may give their comments about the proposed terms of reference to the Ministry and contain such other information as may be prescribed or as the Director may require. 2020, c. 18, Sched. 6, s. 29. Notice to clerk of a municipality (6) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the Part II.3 project is to be carried out and shall do so by the deadline for giving the public notice. 2020, c. 18, Sched. 6, s. 29. Notice to other persons (7) The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice. 2020, c. 18, Sched. 6, s. 29. Public inspection (8) Any person may inspect the proposed terms of reference in the places and at the times set out in the public notice. 2020, c. 18, Sched. 6, s. 29. Comments (9) Any person may comment in writing on the proposed terms of reference to the Ministry and, if the person wishes the comments to be considered by the Minister in deciding whether to approve the proposed terms of reference, shall submit the comments by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Approval (10) The Minister shall approve the proposed terms of reference, with any amendments that he or she considers necessary, if he or she is satisfied that an environmental assessment prepared in accordance with the approved terms of reference will be consistent with the purpose of this Act and the public interest. 2020, c. 18, Sched. 6, s. 29. Same (11) The amendments made by the Minister under subsection (10) may include amendments to impose requirements that are greater than or less than the requirements of the regulations if the Minister is of the opinion that in the circumstances, the amendments are necessary in order to ensure that an environmental assessment prepared in accordance with the approved terms of reference will be consistent with the purpose of this Act and the public interest. 2020, c. 18, Sched. 6, s. 29. Mediation (12) Before approving proposed terms of reference, the Minister may refer a matter in connection with them to mediation, and section 17.14 applies with necessary modifications. 2020, c. 18, Sched. 6, s. 29. Deadline, Minister’s decision (13) The Minister shall notify the proponent whether or not the proposed terms of reference are approved and shall do so by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Same (14) If the Minister has not notified the proponent under subsection (13) by the prescribed deadline, the Minister shall provide written reasons to the proponent indicating why a decision was not made and when a decision is expected to be made. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Landfilling site, municipal support required Definitions 17.5 (1) In this section, “area of settlement” has the same meaning as in subsection 1 (1) of the Planning Act; (“zone de peuplement”) “landfilling site” means a waste disposal site where landfilling occurs; (“lieu d’enfouissement”) “parcel of land” has the same meaning as in subsection 46 (1) of the Planning Act; (“parcelle de terrain”) “waste disposal site” has the same meaning as in Part V of the Environmental Protection Act. (“lieu d’élimination des déchets”) 2020, c. 18, Sched. 6, s. 29. Same (2) For the purposes of this section, the following terms have the meaning assigned to them under subsection 1 (1) of the Municipal Act, 2001: 1. Local municipality. 2. Municipality. 2020, c. 18, Sched. 6, s. 29. Application (3) This section applies in respect of a proponent who wishes to proceed with a Part II.3 project to establish a waste disposal site that is a landfilling site. 2020, c. 18, Sched. 6, s. 29. Local municipalities whose support is required (4) A proponent mentioned in subsection (3) shall, in accordance with subsection (5), obtain municipal support for the project from each local municipality, (a) in which the landfilling site would be situated; and (b) in which there is, as of the day on which the proponent gives public notice of the proposed terms of reference under subsection 17.4 (4), a parcel of land, (i) on which residential uses, other than residential uses that are ancillary to other uses, are authorized by the official plan of the municipality, (ii) that is within an area of settlement, and (iii) that is located within a 3.5 kilometre distance, or such other distance as may be prescribed, perpendicular at each point from the property boundary of the property on which the proposed landfilling site would be situated. 2020, c. 18, Sched. 6, s. 29. Evidence of support (5) For the purposes of subsection (4), the proponent shall provide to the Ministry, (a) a copy of a municipal council resolution for each local municipality in respect of which municipal support is required under subsection (4), indicating the municipality supports the project to establish a waste disposal site that is a landfilling site; (b) a well-marked and legible map showing the location of the landfilling site, the boundaries of each local municipality mentioned in clause (a) and markings to illustrate the characteristics of a municipality under clause (4) (b); and (c) a description of the process used to identify the local municipalities whose support for the project is required under subsection (4). 2020, c. 18, Sched. 6, s. 29. Resolution (6) For greater certainty, a municipal council resolution described in clause (5) (a) is not a matter that falls within the waste management sphere of jurisdiction under subsection 11 (3) of the Municipal Act, 2001. 2020, c. 18, Sched. 6, s. 29. Evidence to be included in environmental assessment (7) The information mentioned in subsection (5) shall be included in the environmental assessment submitted to the Ministry under subsection 17.7 (1). 2020, c. 18, Sched. 6, s. 29. Confirmation (8) With respect to an environmental assessment submitted by a proponent mentioned in subsection (3), until the date the Director has confirmed in writing to the proponent that the requirements set out in subsections (4) and (5) have been satisfied with respect to the project, (a) the environmental assessment is deemed not to have been received by the Ministry under subsection 17.7 (1); and (b) the proponent shall not give public notice of the submission of the environmental assessment under subsection 17.8 (1). 2020, c. 18, Sched. 6, s. 29. Exceptions (9) This section does not apply, (a) in respect of a waste disposal site that is a landfilling site established by the Minister under clause 4 (1) (k) of the Environmental Protection Act; or (b) to a proponent seeking an approval under this Part if the approval is required pursuant to a regulation made under clause 176 (4) (o) of the Environmental Protection Act with respect to a waste disposal site that is a landfilling site. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Preparation of environmental assessment 17.6 (1) The proponent shall prepare an environmental assessment for a Part II.3 project in accordance with the approved terms of reference. 2020, c. 18, Sched. 6, s. 29. Contents (2) Subject to clauses 17.4 (2) (b) and (c), the environmental assessment must consist of, (a) a description of the purpose of the project; (b) a description of and a statement of the rationale for, (i) the Part II.3 project, (ii) the alternative methods of carrying out the Part II.3 project, and (iii) the alternatives to the Part II.3 project; (c) a description of, (i) the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly, (ii) the effects that will be caused or that might reasonably be expected to be caused to the environment, and (iii) the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects upon or the effects that might reasonably be expected upon the environment, by the Part II.3 project, the alternative methods of carrying out the Part II.3 project and the alternatives to the Part II.3 project; (d) an evaluation of the advantages and disadvantages to the environment of the Part II.3 project, the alternative methods of carrying out the Part II.3 project and the alternatives to the Part II.3 project; and (e) a description of any consultation about the Part II.3 project by the proponent and the results of the consultation. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Submission of environmental assessment 17.7 (1) After receiving notice that the terms of reference of a Part II.3 project are approved by the Minister, the proponent shall submit an environmental assessment for the project to the Ministry. 2020, c. 18, Sched. 6, s. 29. Time limits (2) A time period within which a proponent must submit an environmental assessment for a Part II.3 project to the Ministry may be set out in the approved terms of reference or may be prescribed. 2020, c. 18, Sched. 6, s. 29. Compliance with time limits (3) A proponent of a Part II.3 project shall submit the environmental assessment for the project, (a) within the time period set out in the approved terms of reference, if any; or (b) if no time period is set out in the approved terms of reference, within any prescribed time period. 2020, c. 18, Sched. 6, s. 29. Extension of deadline (4) Any time period for the submission of an environmental assessment that is prescribed in accordance with subsection (2) may be extended by the Minister by such further time period as the Minister considers appropriate, but the extension shall not exceed any prescribed maximum time period. 2020, c. 18, Sched. 6, s. 29. Termination, missed deadline (5) If a proponent does not submit an environmental assessment for a Part II.3 project by the end of the applicable time period, the application shall be terminated. 2020, c. 18, Sched. 6, s. 29. Replacement terms of reference (6) If an application for approval of a Part II.3 project is terminated under subsection (5), the proponent may give the Minister a second proposed terms of reference with respect to the Part II.3 project under subsection 17.4 (1) and the second proposed terms of reference may be the same as the terms of reference previously given and approved. 2020, c. 18, Sched. 6, s. 29. Amendment or withdrawal (7) After it is submitted to the Ministry, the proponent may amend or withdraw the environmental assessment at any time before the deadline for completion of the Ministry review of the environmental assessment. 2020, c. 18, Sched. 6, s. 29. Same (8) The proponent may amend or withdraw the environmental assessment after the deadline for completion of the Ministry review only upon such conditions as the Minister may by order impose. 2020, c. 18, Sched. 6, s. 29. Same (9) The Minister may by order amend or revoke conditions imposed under this section. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Public notice of submission 17.8 (1) The proponent shall give public notice of the submission of the environmental assessment and shall do so by the prescribed deadline and in the form and manner as the Director may require. 2020, c. 18, Sched. 6, s. 29. Same (2) The public notice must indicate where and when members of the public may inspect the environmental assessment, state that they may give their comments about it to the Ministry and contain such other information as the Director may require. 2020, c. 18, Sched. 6, s. 29. Notice to clerk of a municipality (3) The proponent shall give the information contained in the public notice to the clerk of each municipality in which the Part II.3 project is to be carried out and shall do so by the deadline for giving the public notice. 2020, c. 18, Sched. 6, s. 29. Notice to other persons (4) The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Public inspection of environmental assessment 17.9 (1) Any person may inspect the environmental assessment in the places and at the times set out in the public notice. 2020, c. 18, Sched. 6, s. 29. Comments (2) Any person may comment in writing on the Part II.3 project or on the environmental assessment to the Ministry and, if the person wishes the comments to be considered during the preparation of the Ministry review, shall submit the comments by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Information to be made available 17.10 In addition to complying with any requirements under this Act with respect to public notice, a proponent shall make available such information as the Director may require with respect to the application and the Part II.3 project in such form and manner as the Director may require. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Ministry Review Ministry review of environmental assessment 17.11 (1) The Ministry shall prepare a review of the environmental assessment and shall take into account any comments received from members of the public by the deadline prescribed under subsection 17.9 (2). 2020, c. 18, Sched. 6, s. 29. Completion date (2) The review must be completed by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Extension (3) The deadline for completing the review may be extended by the Director for a prescribed reason or for an unusual, unexpected or urgent reason that the Director considers compelling. The Director shall notify such persons as he or she considers appropriate if the deadline is extended. 2020, c. 18, Sched. 6, s. 29. Deficient environmental assessment (4) If the Director considers that the environmental assessment is deficient in relation to the approved terms of reference and the purpose of this Act, the Director may give the proponent a statement describing the deficiencies and shall do so at least 14 days before the deadline for completing the review. 2020, c. 18, Sched. 6, s. 29. Remedying deficiencies (5) The proponent may take such steps as are necessary to remedy the deficiencies described in the statement and shall do so within seven days after receiving the statement or such other period as the Director may specify in the statement given under subsection (4). 2020, c. 18, Sched. 6, s. 29. Rejection of environmental assessment (6) The Minister may reject the environmental assessment if the Director is not satisfied that the deficiencies have been remedied within the seven-day period or such other period as the Director may specify in the statement given under subsection (4). 2020, c. 18, Sched. 6, s. 29. Notice of rejection (7) The Director shall notify the proponent, the clerk of each municipality in which the Part II.3 project is to be carried out and the public if the Minister rejects the environmental assessment, and shall do so before the deadline for completing the review. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Notice of completion of Ministry review 17.12 (1) The Director shall notify the proponent and the clerk of each municipality in which the Part II.3 project is to be carried out when the Ministry review is completed. 2020, c. 18, Sched. 6, s. 29. Public notice (2) The Director shall give public notice of the completion of the review in such form and manner as the Director considers suitable. 2020, c. 18, Sched. 6, s. 29. Same (3) The public notice must indicate where and when members of the public may inspect the review and state that they may give their comments about it to the Ministry. It must also contain such other information as may be prescribed. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Public inspection of Ministry review 17.13 (1) Any person may inspect the Ministry review in the places and at the times set out in the public notice. 2020, c. 18, Sched. 6, s. 29. Comments (2) Any person may comment in writing on the Part II.3 project, the environmental assessment and the review to the Ministry and, if the person wishes the comments to be considered when the Minister decides the proponent’s application, shall submit the comments by the prescribed deadline. 2020, c. 18, Sched. 6, s. 29. Request for hearing (3) Any person may request that the Minister refer the proponent’s application or a matter that relates to it to the Tribunal for hearing and decision. 2020, c. 18, Sched. 6, s. 29. Same (4) A request under subsection (3) must be made in writing to the Ministry before the deadline for submitting comments on the review. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Decisions on the Application Mediation 17.14 (1) Before the application is decided, the Minister may appoint one or more persons to act as mediators who shall endeavour to resolve such matters as may be identified by the Minister as being in dispute or of concern in connection with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The Minister may appoint the Tribunal to act as mediator. 2020, c. 18, Sched. 6, s. 29. Notice of mediation (3) The Minister shall notify the following persons of his or her decision to refer certain matters to mediation and shall give them written reasons for the decision: 1. The proponent. 2. The clerk of each municipality in which the Part II.3 project is to be carried out. 3. Every person who submitted comments under subsection 17.9 (2) or 17.13 (2). 4. Such other persons as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 29. Parties (4) The parties to the mediation are the proponent and such other persons as the Minister may identify. Instead of identifying parties by name, the Minister may determine the manner in which they are to be identified and invited to participate. 2020, c. 18, Sched. 6, s. 29. Closed proceedings (5) Unless the mediators decide otherwise, the mediation is not open to the public. 2020, c. 18, Sched. 6, s. 29. Report (6) The mediators shall give the Minister a written report on the conduct and results of the mediation. 2020, c. 18, Sched. 6, s. 29. Deadline (7) The mediators shall give their report to the Minister within 60 days after their appointment or by such earlier deadline as the Minister may specify. 2020, c. 18, Sched. 6, s. 29. Confidentiality (8) No person except the Minister shall make public any portion of the report. 2020, c. 18, Sched. 6, s. 29. Disclosure (9) The Minister shall make the report public promptly after the Minister makes his or her decision under section 17.15 or the decision of the Tribunal under section 17.16 becomes effective. The Minister may make all or part of the report public before then only with the consent of the parties to the mediation. 2020, c. 18, Sched. 6, s. 29. Fees and expenses (10) The proponent shall pay the fees and reasonable expenses of the mediators. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Decision by Minister 17.15 (1) The Minister may decide an application and, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may, (a) give approval to proceed with the Part II.3 project; (b) give approval to proceed with the Part II.3 project subject to such conditions as the Minister considers necessary to carry out the purpose of this Act and in particular requiring or specifying, (i) the methods and phasing of the carrying out of the Part II.3 project, (ii) the works or actions to prevent, mitigate or remedy effects of the Part II.3 project on the environment, (iii) such research, investigations, studies and monitoring programs related to the Part II.3 project, and reports thereof, as the Minister considers necessary, (iv) such changes in the Part II.3 project as the Minister considers necessary, (v) a process to be followed in respect of any changes to the project that the proponent may wish to make after the approval is given, which may include granting authority to the Director or Minister to, (A) require the proponent to engage in additional consultation, and to provide additional information, in respect of proposed changes, and (B) give approval, attach conditions to the approval or refuse to give approval to proceed with the changes, (vi) that the process referred to in subclause (v) is only available for specified changes or classes of changes to the projects, (vii) that the proponent enter into one or more agreements related to the Part II.3 project with any person with respect to such matters as the Minister considers necessary, (viii) that the proponent comply with all or any of the provisions of the environmental assessment that may be incorporated by reference in the approval, (ix) the period of time during which the Part II.3 project or any part thereof shall be commenced or carried out; or (c) refuse to give approval to proceed with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Subs. (1) (b) (v), process to make changes (2) A process mentioned in subclause (1) (b) (v) may be set out in an approval or may be incorporated by reference into an approval. 2020, c. 18, Sched. 6, s. 29. Basis for decision (3) The Minister shall consider the following matters when deciding an application: 1. The purpose of this Act. 2. The approved terms of reference for the environmental assessment. 3. The environmental assessment. 4. The Ministry review of the environmental assessment. 5. The comments submitted under subsections 17.9 (2) and 17.13 (2). 6. The mediator’s report, if any, given to the Minister under section 17.14. 7. Such other matters as the Minister considers relevant to the application. 2020, c. 18, Sched. 6, s. 29. Notice to proponent (4) The Minister shall notify the proponent of the decision and shall give the proponent written reasons for it. 2020, c. 18, Sched. 6, s. 29. Notice to others (5) The Minister shall notify every person who submitted comments to the Ministry under subsection 17.13 (2) of the decision. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Referral to Tribunal 17.16 (1) The Minister may refer an application to the Tribunal for a decision. 2020, c. 18, Sched. 6, s. 29. Powers of Tribunal (2) The Tribunal may make any decision the Minister is permitted to make under subsection 17.15 (1). 2020, c. 18, Sched. 6, s. 29. Basis for decision (3) The Tribunal shall consider the following things when deciding an application: 1. The purpose of this Act. 2. The approved terms of reference for the environmental assessment. 3. The environmental assessment. 4. The Ministry review of the environmental assessment. 5. The comments submitted under subsections 17.9 (2) and 17.13 (2). 6. If a mediators’ report has been given to the Minister under section 17.14, any portion of the report that has been made public. 2020, c. 18, Sched. 6, s. 29. Same (4) The decision of the Tribunal must be consistent with the approved terms of reference for the environmental assessment. 2020, c. 18, Sched. 6, s. 29. Deadline (5) The Tribunal shall make its decision by the deadline the Minister specifies or by such later date as the Minister may permit if he or she considers that there is a sufficient reason (which is unusual, urgent or compassionate) for doing so. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Referral to Tribunal of part of a decision 17.17 (1) The Minister may refer to the Tribunal for hearing and decision a matter that relates to an application. 2020, c. 18, Sched. 6, s. 29. Restrictions (2) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may amend the referral. 2020, c. 18, Sched. 6, s. 29. Proposed decision (3) The Minister shall inform the Tribunal of decisions that the Minister proposes to make on matters not referred to the Tribunal in connection with the application. 2020, c. 18, Sched. 6, s. 29. Notice of referral (4) The Minister shall give notice of the referral to the proponent and to every person who submitted comments to the Ministry under subsection 17.13 (2) and shall give them the information given to the Tribunal under subsection (3). 2020, c. 18, Sched. 6, s. 29. Basis for decision (5) The Tribunal shall observe any directions given and conditions imposed by the Minister when referring the matter to the Tribunal and shall consider the following things to the extent that the Tribunal considers them relevant: 1. The purpose of this Act. 2. The approved terms of reference for the environmental assessment. 3. The Ministry review of the environmental assessment. 4. The comments submitted under subsections 17.9 (2) and 17.13 (2). 5. If a mediators’ report has been given to the Minister under section 17.14, any portion of the report that has been made public. 6. The decisions the Minister proposes to make on matters not referred to the Tribunal in connection with the application. 2020, c. 18, Sched. 6, s. 29. Deadline for deciding (6) The Tribunal shall make its decision by the deadline the Minister specifies or by such later date as the Minister may permit if he or she considers that there is a sufficient reason (which is unusual, urgent or compassionate) for doing so. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Request for referral to Tribunal 17.18 (1) This section applies if under subsection 17.13 (3) a person requests the Minister to refer an application or a matter that relates to one to the Tribunal for hearing and decision. 2020, c. 18, Sched. 6, s. 29. Referral of application (2) If referral of the application is requested, the Minister shall refer the application to the Tribunal under section 17.16 unless in his or her absolute discretion, (a) the Minister considers the request to be frivolous or vexatious; (b) the Minister considers a hearing to be unnecessary; or (c) the Minister considers that a hearing may cause undue delay in determining the application. 2020, c. 18, Sched. 6, s. 29. Same, related matter (3) If referral of a matter that relates to the application is requested, the Minister shall refer the matter to the Tribunal under section 17.17 except in the circumstances described in subsection (2). 2020, c. 18, Sched. 6, s. 29. Referral in part (4) Despite subsection (2) or (3), if referral of an application or of matters relating to the application is requested but the Minister considers a hearing to be appropriate in respect of only some matters, the Minister shall refer those matters to the Tribunal under section 17.17. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Deadline, Minister’s decisions 17.19 (1) Once the deadline has passed for submitting comments on the Ministry review of an environmental assessment, the Minister shall determine by the prescribed deadline whether to refer a matter in connection with the application to mediation or to the Tribunal under section 17.17. 2020, c. 18, Sched. 6, s. 29. Same (2) By the prescribed deadline, the Minister shall decide the application under section 17.15 or refer it to the Tribunal for a decision under section 17.16. 2020, c. 18, Sched. 6, s. 29. Different deadlines (3) For the purpose of subsection (2), different deadlines may be prescribed for applications in which a matter is referred to mediation or to the Tribunal under section 17.17 and for applications in which no referral is made. 2020, c. 18, Sched. 6, s. 29. Same (4) If the Minister has not made a decision under subsection (2) by the prescribed deadline, the Minister shall provide written reasons to the proponent indicating why a decision was not made and when a decision is expected to be made. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - not in force Referral to other tribunal, entity 17.20 (1) The Minister may refer to a tribunal (other than the Ontario Land Tribunal) or an entity for decision a matter that relates to an application if the Minister considers it appropriate in the circumstances. 2020, c. 18, Sched. 6, s. 29; 2021, c. 4, Sched. 6, s. 44 (2). Deadline for referring (2) The Minister shall make any decision to refer a matter to the tribunal or entity by the deadline by which the application must otherwise be decided. 2020, c. 18, Sched. 6, s. 29. Restrictions (3) The Minister may give such directions or impose such conditions on the referral as the Minister considers appropriate and may direct that the matter be decided without a hearing, whether or not a hearing on the matter is otherwise required. 2020, c. 18, Sched. 6, s. 29. Same (4) If the Minister refers a matter under this section, the Minister shall refer it to the tribunal or entity, if any, that is authorized under another Act to decide such matters. However, the Minister is not required to select that tribunal or entity if the Minister has a reason not to. 2020, c. 18, Sched. 6, s. 29. Amendment (5) The Minister may amend a referral to the tribunal or entity. 2020, c. 18, Sched. 6, s. 29. Deemed decision (6) A decision of the tribunal or entity under this section shall be deemed to be a decision of the Minister. 2020, c. 18, Sched. 6, s. 29. Referral by Tribunal (7) The Tribunal may refer to another tribunal or entity for decision a matter that relates to an application, and subsections (1) to (6) apply with necessary modifications with respect to the referral. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 2021, c. 4, Sched. 6, s. 44 (2) - 01/06/2021 Deferral of part of a decision 17.21 (1) The Minister may defer deciding a matter that relates to an application if the Minister considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons. 2020, c. 18, Sched. 6, s. 29. Same, Tribunal (2) The Tribunal may defer deciding a matter that relates to an application if the Tribunal considers it appropriate to do so because the matter is being considered in another forum or for scientific, technical or other reasons. 2020, c. 18, Sched. 6, s. 29. Deadline (3) The Minister or the Tribunal shall make any decision to defer deciding a matter by the deadline by which the application must otherwise be decided. 2020, c. 18, Sched. 6, s. 29. Notice of deferral (4) The Minister or the Tribunal shall give notice of the deferral to the proponent and to every person who submitted comments to the Ministry under subsection 17.13 (2). 2020, c. 18, Sched. 6, s. 29. Reasons (5) The Minister or the Tribunal shall give written reasons for a deferral, indicating why the deferral is appropriate in the circumstances. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Review of Tribunal decision 17.22 (1) The Minister may review a decision of the Tribunal under section 17.16 and may make an order or give a notice described in subsection (3) within 28 days after receiving a copy of the decision or within such longer period as the Minister may determine within that 28-day period. 2020, c. 18, Sched. 6, s. 29. Same; s.

17.17 (2) The Minister may review a decision of the Tribunal under section 17.17 and may make an order or give a notice described in subsection (3) at any time before the Minister decides the application under section 17.15. 2020, c. 18, Sched. 6, s. 29. Order (3) With the approval of the Lieutenant Governor in Council or such ministers of the Crown as the Lieutenant Governor in Council may designate, the Minister may, (a) by order, vary the decision of the Tribunal; (b) by order, substitute his or her decision for the decision of the Tribunal; or (c) by a notice to the Tribunal, (i) require the Tribunal to hold a new hearing respecting all or part of the application and reconsider its decision, if the notice is given under subsection (1), or (ii) require the Tribunal to hold a new hearing respecting all or part of the matter referred to the Tribunal under section 17.17 and reconsider its decision, if the notice is given under subsection (2). 2020, c. 18, Sched. 6, s. 29. Same (4) If the Minister reviews under subsection (1) a decision of the Tribunal made under section 17.16 and then, with the approval of the Lieutenant Governor in Council or of such ministers of the Crown as the Lieutenant Governor in Council may designate, makes an order under clause (3) (a) or (b), the varied or substituted decision is deemed to be the decision made by the Minister, with the necessary approval, under section 17.15. 2020, c. 18, Sched. 6, s. 29. Notice of order, etc. (5) The Minister shall notify the persons who were given a copy of the Tribunal’s decision, (a) that the Minister has made an order or given a notice described in subsection (3); or (b) that the Minister intends to do so within the period specified in the notice. 2020, c. 18, Sched. 6, s. 29. Copy of order, etc. (6) The Minister shall give a copy of his or her order or notice under subsection (3), together with the reasons for it, to the persons who were given a copy of the Tribunal’s decision. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 When Tribunal decision is effective 17.23 A decision of the Tribunal is effective only after the expiry of the period under section 17.22 during which the Minister may review it and make an order or give a notice in respect of it. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Reconsideration of decisions 17.24 (1) If there is a change in circumstances or new information concerning an application and if the Minister considers it appropriate to do so, he or she may reconsider an approval given by the Minister or the Tribunal to proceed with a Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Same (2) The Minister may request the Tribunal to determine whether it is appropriate to reconsider an approval. 2020, c. 18, Sched. 6, s. 29. Same (3) The Minister may request the Tribunal to reconsider an approval given by the Minister or the Tribunal. 2020, c. 18, Sched. 6, s. 29. Minister may require plans, etc. (4) For the purposes of making a decision under this section, the Minister or the Tribunal may, by order, require the proponent of the Part II.3 project to provide plans, specifications, technical reports or other information and to carry out and report on tests or experiments relating to the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Amendment, revocation (5) Where the Minister or the Tribunal reconsiders an approval under this section, that approval may be amended or revoked. 2020, c. 18, Sched. 6, s. 29. Rules, etc. (6) A decision under this section shall be made in accordance with any rules and subject to any restrictions as may be prescribed. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Expiry of approval Application of section 17.25 (1) Subject to subsection (5), this section applies in respect of an approval to proceed with a Part II.3 project if the approval does not specify a period of time following the giving of the approval after which the approval expires or a date after which a proponent cannot proceed under the approval. 2020, c. 18, Sched. 6, s. 29. Expiry (2) If the Part II.3 project has not been substantially commenced by the 10th anniversary of the day approval to proceed with the project was given under this Act or by the end of any extension to that 10-year period granted by the Minister under subsection (3), the approval expires on the later of, (a) the 10th anniversary or the end of the extended period, as the case may be; or (b) the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 6, s. 29. Extension (3) The Minister may, by notice to the proponent, grant an extension of the period within which a Part II.3 project is to be substantially commenced beyond the 10th anniversary of the day approval to proceed with the project was given and may grant such an extension subject to any conditions specified in the notice. 2020, c. 18, Sched. 6, s. 29. Same (4) An extension under subsection (3) may be granted at any time, including after the approval has expired. 2020, c. 18, Sched. 6, s. 29. Exception, regulations (5) The Minister may make regulations exempting projects from this section. 2020, c. 18, Sched. 6, s. 29. Minister may include date (6) If a Part II.3 project is exempted from this section by regulations, the Minister may amend the approval to proceed with that project to include a date on which the approval will expire. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Other Matters Replacement of environmental assessment 17.26 (1) A proponent may submit a second environmental assessment to replace an environmental assessment withdrawn by the proponent or rejected by the Minister. 2020, c. 18, Sched. 6, s. 29. Same (2) The second environmental assessment must be prepared in accordance with the approved terms of reference. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Activities permitted before approval 17.27 (1) Before a proponent receives approval to proceed with a Part II.3 project, a person may, (a) take any action in connection with the Part II.3 project that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the Part II.3 project; (c) prepare a feasibility study and engage in research in connection with the Part II.3 project; (d) establish a reserve fund or another financing mechanism in connection with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the Part II.3 project has been given until the proponent receives approval under this Act to proceed with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Exception (3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent receives the approval. 2020, c. 18, Sched. 6, s. 29. Restriction on provincial funding (4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the Part II.3 project until the proponent receives approval to proceed with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Exception (5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent receives the approval. 2020, c. 18, Sched. 6, s. 29. Prohibition following approval (6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to a Part II.3 project if it would be inconsistent with a condition imposed upon the approval to proceed with the Part II.3 project. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Application of s. 17.24 17.28 Section 17.24 applies in respect of an environmental assessment to which all or part of Part II or a predecessor to that Part applied, and such an environmental assessment is deemed to be an application for the purpose of section 17.24. 2020, c. 18, Sched. 6, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 29 - 22/02/2024 Exemption, Chatham-Kent Waste Disposal Site Definitions 17.28.1 (1) In this section, “designated activities” means the activities that are designated by Ontario Regulation 50/24 (Part II.3 Projects – Designations and Exemptions) made under the Act as a project to which Part II.3 applies; (“activités désignées”) “waste disposal site activities” means the activities designated under section 2 of Ontario Regulation 284/24 (Designation – Chatham-Kent Waste Disposal Site) made under the Act as it read immediately before it was revoked. (“activités au lieu d’élimination des déchets”) 2025, c. 4, Sched. 3, s. 2 (1). Exemption re Part II.3 (2) Any waste disposal site activities that are designated activities are exempt from Part II.3. 2025, c. 4, Sched. 3, s. 2 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 17.28.1 of the Act is repealed. (See: 2025, c. 4, Sched. 3, s. 2 (2)) Section Amendments with date in force (d/m/y) 2025, c. 4, Sched. 3, s. 2 (1) - 05/06/2025; 2025, c. 4, Sched. 3, s. 2 (2) - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following Part: (See: 2020, c. 18, Sched. 6, s. 30) Part II.4 Streamlined Environmental Assessments Prohibition 17.29 (1) No person shall proceed with a Part II.4 project until the person has satisfied the prescribed requirements for commencing the project, including the completion of a prescribed environmental assessment process. 2020, c. 18, Sched. 6, s. 30. Exception (2) Despite subsection (1), a proponent of a Part II.4 project may apply under subsection 17.2 (1) to the Minister for approval to proceed with the Part II.4 project as a Part II.3 project. On and after the day the proponent applies under subsection 17.2 (1), the project shall be deemed to be a Part II.3 project and Part II.3 applies in respect of it instead of this section. 2020, c. 18, Sched. 6, s. 30. Same (3) Subsection (2) ceases to apply if the application for approval to proceed with a project as a Part II.3 project is withdrawn by the proponent. 2020, c. 18, Sched. 6, s. 30. Same (4) Despite subsection (1), if the Minister makes an order under subsection 17.31 (1) declaring the Part II.4 project to be a Part II.3 project for the purposes of this Act, this section ceases to apply with respect to the project and Part II.3 applies. 2020, c. 18, Sched. 6, s. 30. Proceeding with project (5) After the prescribed requirements for commencing a Part II.4 project have been satisfied, a person may proceed with the project but shall do so only in accordance with the prescribed requirements for proceeding with the project. 2020, c. 18, Sched. 6, s. 30. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 30 - not in force Activities permitted before proceeding 17.30 (1) Before the proponent of a Part II.4 project has satisfied the prescribed requirements for commencing the project, a person may, (a) take any action in connection with the project that may be necessary to comply with this Act; (b) acquire property or rights in property in connection with the project; (c) prepare a feasibility study and engage in research in connection with the project; or (d) establish a reserve fund or another financing mechanism in connection with the project. 2020, c. 18, Sched. 6, s. 30. Restriction on issuing certain documents (2) No person shall issue a document evidencing that an authorization required at law to proceed with the project has been given until the proponent has satisfied the prescribed requirements for commencing the project. 2020, c. 18, Sched. 6, s. 30. Exception (3) Despite subsection (2), a document described in that subsection may be issued with respect to an activity permitted by subsection (1) before the proponent has satisfied the prescribed requirements for commencing the project. 2020, c. 18, Sched. 6, s. 30. Restriction on provincial funding (4) The Crown or a Crown agency shall not give a loan, grant, subsidy or guarantee with respect to the project until the proponent has satisfied the prescribed requirements for commencing the project. 2020, c. 18, Sched. 6, s. 30. Exception (5) Despite subsection (4), a loan, grant, subsidy or guarantee described in that subsection may be given with respect to an activity permitted by subsection (1) before the proponent has satisfied the prescribed requirements for commencing the project. 2020, c. 18, Sched. 6, s. 30. Prohibition on projects that are proceeding (6) No person shall issue a document described in subsection (2) or give a loan, grant, subsidy or guarantee described in subsection (4) with respect to a Part II.4 project after the prescribed requirements for commencing the project have been satisfied if doing so would be contrary to, (a) a prescribed requirement for proceeding with the project; or (b) a requirement imposed in an order of the Minister under subsection 17.31 (3). 2020, c. 18, Sched. 6, s. 30. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 30 - not in force Order to comply with Part II.3 17.31 (1) The Minister may make an order declaring a Part II.4 project to be a Part II.3 project for the purposes of this Act. 2020, c. 18, Sched. 6, s. 30. Same (2) In an order under subsection (1), the Minister may do the following: 1. Set out directions with respect to the terms of reference governing the preparation of an environmental assessment under Part II.3 for the project. 2. Declare that the proponent has satisfied such requirements for the preparation of an environmental assessment under Part II.3 as are specified in the order. 2020, c. 18, Sched. 6, s. 30. Same, additional requirements (3) The Minister may by order impose requirements on a Part II.4 project in addition to any prescribed requirements for commencing or proceeding with the project. 2020, c. 18, Sched. 6, s. 30. Same (4) An order under subsection (1) or (3) may be made on the initiative of the Minister or on the request of a person under subsection (7). 2020, c. 18, Sched. 6, s. 30. Prescribed limits (5) The Minister shall not make an order under subsection (1) or (3) on his or her own initiative after the prescribed deadline. 2020, c. 18, Sched. 6, s. 30. Basis for order (6) The Minister shall consider the following matters when making an order under this section: 1. The purpose of this Act. 2. The factors suggesting that the proposed Part II.4 project differs from other Part II.4 projects of the same type. 3. The significance of the factors and of the differences mentioned in paragraph 2. 4. If a request for the order was made by a person under subsection (7), any ground for making the request that is given by that person and permitted under subsection (7). 5. The mediators’ report, if any, following a referral under subsection (10). 6. Such other matters as may be prescribed. 7. Such other matters as the Minister considers appropriate. 2020, c. 18, Sched. 6, s. 30. Request for order (7) A person may request the Minister to make an order under this section only on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 30. Same (8) A request under subsection (7) shall be made in the form and manner that may be specified by the Director and shall include such information as may be specified by the Director. 2020, c. 18, Sched. 6, s. 30. Same (9) If a request is made under subsection (7) with respect to a project, no person shall proceed with the project until such time as, (a) the Minister has made a decision with respect to the request; or (b) the Minister has given a notice to the proponent stating that the proponent may proceed with the project. 2020, c. 18, Sched. 6, s. 30. Mediation (10) The Minister may refer a matter in connection with a request to mediation and section 17.14 applies with necessary modifications. 2020, c. 18, Sched. 6, s. 30. Order after request (11) For the purpose of considering a request made by a person under subsection (7), the Director may require the proponent to undertake such consultations and to provide such information as the Director may specify. 2020, c. 18, Sched. 6, s. 30. Refusal after request (12) If, after receiving a request under subsection (7), the Minister refuses to make an order, the Minister shall notify the person who made the request of his or her decision and shall give the person reasons for the decision. 2020, c. 18, Sched. 6, s. 30. Notice of order (13) The Minister shall give a copy of an order under this section, together with the reasons for it, to the proponent, to the person, if any, who requested an order and to such other persons as the Minister considers advisable. 2020, c. 18, Sched. 6, s. 30. Change to project (14) If a proponent of a Part II.4 project wishes to make a change to the project after it has satisfied the prescribed requirements for commencing the project, the Minister may make an order under this section with respect to the change and this section shall apply with necessary modifications to such an order. 2020, c. 18, Sched. 6, s. 30. Amendment of subs. (3) order (15) The Minister may, in accordance with the regulations, if any, amend any order made under subsection (3), regardless of whether the order was made before or after section 30 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force. 2020, c. 18, Sched. 6, s. 30. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 30 - not in force PART III TRIBUNAL PROCEEDINGS Application 18 This Part applies to proceedings before the Tribunal under this Act. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 Parties 19 (1) The parties to a proceeding with respect to an application are the proponent or applicant, any person who under subsection 17.13 (3) requests the Minister to refer the application to the Tribunal, such other persons as the Tribunal considers have an interest in the application and such other persons as the Tribunal may specify having regard to the purpose of this Act. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 31. Public notice of hearing (2) The Tribunal shall give notice of its hearing to the public in such manner as the Minister may direct and to such other persons as the Minister may require. 2000, c. 26, Sched. F, s. 11 (5). Minister entitled to take part in proceedings (3) The Minister is entitled, by counsel or otherwise, to take part in proceedings before the Tribunal. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 31 - 22/02/2024 Hearings 20 (1) The Tribunal may render a decision without a hearing and may do so even though a matter is referred for hearing and decision. 2000, c. 26, Sched. F, s. 11 (5). Validity of decision (2) A decision of the Tribunal is not invalid solely on the ground that a matter was not addressed by testimony at a hearing. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 21 Repealed: 2021, c. 4, Sched. 6, s. 44 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2021, c. 4, Sched. 6, s. 44 (3) - 01/06/2021 Notice of decision 22 The Tribunal shall give a copy of its decision on an application to the Minister, the parties, each person who submits comments under subsection 17.13 (2) and the clerk of each municipality in which the undertaking is to be carried out. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 32; 2021, c. 4, Sched. 6, s. 44 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 32 - 22/02/2024 2021, c. 4, Sched. 6, s. 44 (4) - 01/06/2021 Procedure 23 Except as otherwise provided in this Act, the Statutory Powers Procedure Act applies to the proceedings of the Tribunal. 2000, c. 26, Sched. F, s. 11 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 Decisions final 23.1 Subject to section 17.22, a decision of the Tribunal is final and not subject to appeal, and a decision of the Tribunal shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable. 2000, c. 26, Sched. F, s. 11 (5); 2020, c. 18, Sched. 6, s. 33. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (5) - 06/12/2000 2020, c. 18, Sched. 6, s. 33 - 22/02/2024 PART IV PROVINCIAL OFFICERS Designation of provincial officers 24 (1) The Minister may designate in writing one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or other persons as provincial officers for the purposes of any section or Part of this Act or any regulation or section of any regulation made under this Act that is referred to in the designation and in a designation may limit the authority of a provincial officer in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. E.18, s. 24 (1); 2006, c. 35, Sched. C, s. 34 (1). Certificate of designation (2) The Minister shall issue to every provincial officer a certificate of his or her designation and every provincial officer, in the execution of his or her duties under this Act and the regulations, shall produce his or her certificate of designation upon request. R.S.O. 1990, c. E.18, s. 24 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 34 (1) - 20/08/2007 Powers of provincial officer 25 (1) Where a provincial officer has reasonable grounds for believing that it is necessary, for the purpose of the administration of this Act and the regulations, he or she may, upon production of his or her certificate of designation, enter at any reasonable time any building, other than a dwelling, or any structure, machine, vehicle, land, water or air and make or require to be made such surveys, examinations, investigations, tests and inquiries, as he or she considers necessary for such purpose, including examinations of books, records and documents and may make, take and remove or may require to be made, taken or removed samples, copies or extracts. R.S.O. 1990, c. E.18, s. 25 (1); 2020, c. 18, Sched. 6, s. 34. Order authorizing (2) Where a justice of the peace is satisfied, upon an application made without notice by a provincial officer, that there is reasonable ground for believing that it is necessary to enter any building, including a dwelling, structure, machine, vehicle, land, water or air for the administration of this Act or the regulations, the justice of the peace may issue an order authorizing a provincial officer to enter therein or thereon and to make or require to be made such surveys, examinations, investigations, tests and inquiries and to take the other actions mentioned in subsection (1) but every such entry, survey, examination, investigation, test, inquiry and other such action shall be made or taken between sunrise and sunset unless the justice of the peace authorizes the provincial officer, by the order, to so act at another time. R.S.O. 1990, c. E.18, s. 25 (2); 2009, c. 33, Sched. 15, s. 3 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 3 (1) - 15/12/2009 2020, c. 18, Sched. 6, s. 34 - 21/07/2020 Obstruction of provincial officer 26 No person shall hinder or obstruct a provincial officer in the lawful performance of his or her duties or knowingly furnish a provincial officer with false information or refuse to furnish him or her with information required for the purposes of this Act and the regulations. R.S.O. 1990, c. E.18, s. 26. Matters confidential 27 (1) Every provincial officer shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of any survey, examination, test or inquiry under this Act or the regulations and shall not communicate any such matter to any person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b) to his or her counsel; or (c) with the consent of the person to whom the information relates. R.S.O. 1990, c. E.18, s. 27 (1); 2009, c. 33, Sched. 15, s. 3 (2). Idem (2) Except in a proceeding under this Act or the regulations, no provincial officer shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of any survey, examination, test or inquiry under this Act or the regulations. R.S.O. 1990, c. E.18, s. 27 (2); 2009, c. 33, Sched. 15, s. 3 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 3 (2) - 15/12/2009 PART V ADMINISTRATION Policy guidelines 27.1 The Minister may issue policy guidelines concerning the protection, conservation and wise management of the environment and the Tribunal shall consider the guidelines in making decisions under this Act. 1996, c. 27, s. 7; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 7 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 Application to Divisional Court 28 The Minister, in addition to any other remedy and to any penalty imposed by law, may apply to the Divisional Court for an order, (a) enjoining any act to proceed with an undertaking or a designated project contrary to this Act; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (a) of the Act is amended by striking out “an undertaking or”. (See: 2020, c. 18, Sched. 6, s. 35 (2)) (b) invalidating any document issued contrary to subsection 15.1.2 (2) or (6), 17.27 (2) or (6) or 17.30 (2) or (6), Note: On a day to be named by proclamation of the Lieutenant Governor, clause 28 (b) of the Act is amended by striking out “15.1.2 (2) or (6)”. (See: 2020, c. 18, Sched. 6, s. 35 (5)) and the court may make the order on such conditions as the court considers proper. R.S.O. 1990, c. E.18, s. 28; 1996, c. 27, s. 8; 2000, c. 26, Sched. E, s. 2 (8); 2020, c. 18, Sched. 6, s. 35 (1, 3, 4). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 8 - 01/01/1997 2000, c. 26, Sched. E, s. 2 (8) - 06/12/2000 2020, c. 18, Sched. 6, s. 35 (1, 4) - 22/02/2024; 2020, c. 18, Sched. 6, s. 35 (2, 5) - not in force; 2020, c. 18, Sched. 6, s. 35 (3) - 21/07/2020 29 Repealed: 1996, c. 27, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 9 - 01/01/1997 Record 30 (1) The Director shall maintain a record for every project in respect of which an application is submitted under Part II.3. 2020, c. 18, Sched. 6, s. 36 (2). Same (1.1) The record consists of the following documents: 1. The proposed and the approved terms of reference. 2. The environmental assessment. 3. The Ministry review of the environmental assessment. 4. All comments submitted under subsections 17.9 (2) and 17.13 (2). 5. All decisions of the Director, the Minister and the Tribunal in relation to the application, together with the reasons for the decisions. 6. All notices given in respect of the application. 7. Such other documents as the Director or Minister considers appropriate. 1996, c. 27, s. 10 (1); 2000, c. 26, Sched. F, s. 11 (6); 2020, c. 18, Sched. 6, s. 36 (3, 4). Same (2) The Director shall maintain a record for the following matters: 1. A proposed order under section 3.1. 2. A proposed declaration under section 3.2. 3. An undertaking in respect of which an order under section 16 is proposed. 1996, c. 27, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 30 (2) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 36 (5)) 3. An undertaking in respect of which an order under section 16 is proposed or a Part II.4 project in respect of which an order under section 17.31 is proposed. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 30 (2) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 36 (6)) 3. A Part II.4 project in respect of which an order under section 17.31 is proposed. Inspection (3) Upon request, the Director shall make available on a website or in such other manner as the Director considers appropriate any record referred to in this section including any document that forms part of the record and shall make a document available as soon as practicable after a document is issued or received. 2020, c. 18, Sched. 6, s. 36 (7). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 10 (1, 2) - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2020, c. 18, Sched. 6, s. 36 (1, 3, 7) - 21/07/2020; 2020, c. 18, Sched. 6, s. 36 (2, 4) - 22/02/2024; 2020, c. 18, Sched. 6, s. 36 (5, 6) - not in force Powers and duties of Minister 31 (1) The Minister, for the purposes of the administration and enforcement of this Act and the regulations may, (a) conduct research with respect to the environment or environmental assessments; (b) conduct studies of the quality of the environment; (c) conduct studies of environmental planning or environmental assessments designed to lead to the wise use of the environment by humans; (d) convene conferences and conduct seminars and educational and training programs with respect to the environment or environmental assessments; (e) gather, publish and disseminate information with respect to the environment or environmental assessments; (f) make grants and loans for research or the training of persons with respect to the environment or environmental assessments in such amounts and upon such conditions as the Minister, subject to the approval of the Lieutenant Governor in Council, may determine; (g) appoint committees to perform such advisory functions as the Minister considers advisable; (h) make such investigations, surveys, examinations, tests and other arrangements as he or she considers necessary; and (i) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person with respect to the environment or environmental assessments. R.S.O. 1990, c. E.18, s. 31; 1993, c. 27, Sched; 1996, c. 27, s. 11 (1); 2020, c. 18, Sched. 6, s. 37 (1). Delegation (2) Subject to subsection (3), the Minister may delegate to an employee or class of employees in the Ministry any power conferred or duty imposed on the Minister under this Act and may impose limitations, conditions and requirements on the delegation. 1996, c. 27, s. 11 (2). Same (3) The Minister shall not delegate the following powers: 1. Repealed: 2001, c. 9, Sched. G, s. 3 (6). 2. The power to make decisions under subsection 17.15 (1). 3. The power to refer decisions or matters to the Tribunal. 3.1 The power to review decisions of the Tribunal under subsections 17.22 (1) and (2). 4. The power under section 17.24 to reconsider a decision. However, the Minister may make a delegation to the Tribunal as provided in that section or in respect of the power to issue an order under subsection 17.24 (4). 5. The power to amend a class environmental assessment under subsection 15.4 (1). 1996, c. 27, s. 11 (2); 2000, c. 26, Sched. F, s. 11 (6); 2001, c. 9, Sched. G, s. 3 (6); 2019, c. 9, Sched. 6, s. 8; 2020, c. 18, Sched. 6, s. 37 (2-5). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 of subsection 31 (3) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 37 (6)) Same (4) The delegation must be made in writing. 1996, c. 27, s. 11 (2). Same (5) An employee shall be deemed to be acting in accordance with the delegation when he or she is purporting to exercise a delegated power or to perform a delegated duty. 1996, c. 27, s. 11 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 27, s. 11 (1, 2) - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2001, c. 9, Sched. G, s. 3 (6) - 29/06/2001 2019, c. 9, Sched. 6, s. 8 - 06/06/2019 2020, c. 18, Sched. 6, s. 37 (1, 3) - 21/07/2020; 2020, c. 18, Sched. 6, s. 37 (2, 4, 5) - 22/02/2024; 2020, c. 18, Sched. 6, s. 37 (6) - not in force Appointment of Directors 31.1 (1) The Minister may appoint one or more employees in the Ministry to act as Director under this Act. 1996, c. 27, s. 12. Same, classes of employee (2) The Minister may appoint the members of one or more classes of employees in the Ministry to act as Director under this Act. 1996, c. 27, s. 12. Restrictions (3) The Minister may limit an appointment such that the person appointed may act only under such provisions of this Act or the regulations as may be specified in the appointment and may impose other limitations, conditions and requirements on the appointment. 1996, c. 27, s. 12. Same (4) An appointment must be made in writing. 1996, c. 27, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 12 - 01/01/1997 Protection from personal liability 32 (1) No action or other proceeding may be instituted against the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority: 1. Any current or former member of the Executive Council. 2. Any current or former officer, employee or agent of or adviser to the Crown. 3. Any current or former mediator appointed under this Act. 4. Repealed: 2020, c. 18, Sched. 6, s. 38. 2006, c. 35, Sched. C, s. 34 (2); 2009, c. 33, Sched. 2, s. 27; 2020, c. 18, Sched. 6, s. 38. Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under this or any other Act with respect to a person referred to in that subsection. 2006, c. 35, Sched. C, s. 34 (2). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 2019, c. 7, Sched. 17, s. 66. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2006, c. 35, Sched. C, s. 34 (2) - 20/08/2007 2009, c. 33, Sched. 2, s. 27 (1, 2) - 15/12/2009 2019, c. 7, Sched. 17, s. 66 - 01/07/2019 2020, c. 18, Sched. 6, s. 38 - 21/07/2020 33 Repealed: 1996, c. 27, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 13 - 01/01/1997 False information 34 No person shall knowingly give false information in any application, return or statement made to the Minister, the Tribunal, an employee or appointee of the Tribunal, a provincial officer or any employee in the Ministry in respect of any matter under this Act or the regulations. R.S.O. 1990, c. E.18, s. 34; 2000, c. 26, Sched. F, s. 11 (6); 2006, c. 35, Sched. C, s. 34 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 2006, c. 35, Sched. C, s. 34 (3) - 20/08/2007 Certificates, etc., as evidence 35 In any prosecution, proceeding or hearing under this Act or the regulations, the production of, (a) a certificate or report of an analyst in the employ of the Crown in right of Ontario designated by the Minister as to the analysis, ingredients, quality, quantity or temperature of any material, whether solid, liquid or gas or any combination of them; or (b) any document under this Act purporting to be signed by the Minister, a delegate of the Minister, a Director or by or for the Tribunal, or any certified copy thereof, is proof, in the absence of evidence to the contrary, of the facts stated therein and of the authority of the person making the document without any proof of appointment or signature. R.S.O. 1990, c. E.18, s. 35; 1996, c. 27, s. 14; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 14 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 Service, etc., of documents 36 (1) A document that must be given to a person or served under this Act is sufficiently given or served, (a) by personal delivery to the person; (b) using regular mail delivery addressed to the person at the most recent address on the records of the Ministry or the Tribunal, as the case may be; (c) using any method of mail delivery that permits the delivery to be verified; (d) by electronic transmission of the document, if the person is equipped to receive such transmissions; (e) by telephone transmission of a facsimile of the document, if the person is equipped to receive such transmissions. 1996, c. 27, s. 15 (1); 2000, c. 26, Sched. F, s. 11 (6). Deemed receipt, regular mail (2) A document delivered using regular mail delivery shall be deemed to be received on the fifth day after it is mailed. 1996, c. 27, s. 15 (1). Same, electronic or telephone transmission (3) A document delivered by electronic or telephone transmission shall be deemed to be received on the day after it is sent, unless that day is a holiday in which case the document shall be deemed to be received on the next day that is not a holiday. 1996, c. 27, s. 15 (1). Failure to receive document (4) If a person acting in good faith does not, through absence, accident, illness or other cause beyond the person’s control, receive the document until a later date than the deemed day of receipt, subsection (2) or (3), as the case may be, does not apply. 1996, c. 27, s. 15 (1). Inspection of documents (5) The making available by the Director of a copy or reproduction made by any means of a document is compliance with the provisions of this Act authorizing the inspection of the document. R.S.O. 1990, c. E.18, s. 36 (5); 1996, c. 27, s. 15 (2). Destruction of certain documents (6) Despite any provision of this Act, a document may be destroyed by or under the authority of the Minister when it has been completely recorded or copied and the recording or copy is retained for the purpose of inspection under this section. R.S.O. 1990, c. E.18, s. 36 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 15 (1, 2) - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 Boards excluded 37 Despite the definition of “municipality” in subsection 1 (1), if a notice or document is required to be given under this Act to the clerk of a municipality, the reference to municipality does not include local boards, as defined in the Municipal Affairs Act, a corporation incorporated by a municipality under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or a corporation incorporated by the City of Toronto under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act or a predecessor of those sections in either Act or any other board exercising any power with respect to municipal or school purposes in an unorganized territory or unsurveyed territory. 2006, c. 32, Sched. C, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 18 - 01/01/2007 Notice by publication 37.1 (1) This section applies if the Minister, the Tribunal or the Director considers it to be impracticable to give a notice or a document personally to any or all of the persons entitled to receive it. 1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Notices (2) A notice may be given by public advertisement or by such other method as the Minister, the Tribunal or the Director considers appropriate. 1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Notice of contents of documents (3) Reasonable notice of the contents of a document may be given by public advertisement or such other method as the Minister, the Tribunal or the Director considers appropriate. 1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Deemed receipt (4) Notice given by public advertisement shall be deemed to be received on the first day on which it is published. Notice given by another method shall be deemed to be received on the day specified by the Minister, the Tribunal or the Director. 1996, c. 27, s. 16; 2000, c. 26, Sched. F, s. 11 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 16 - 01/01/1997 2000, c. 26, Sched. F, s. 11 (6) - 06/12/2000 Consolidation of notices 37.2 A notice to be given under this Act may be consolidated with a notice under another Act concerning the same or a related matter. 1996, c. 27, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 16 - 01/01/1997 Offence 38 Every person, whether as principal or agent, or an employee of either of them, who contravenes any provision of this Act or the regulations or fails to comply with an order or a term or condition of an approval issued or given under this Act is guilty of an offence and on conviction is liable on a first conviction to a fine of not more than $10,000 and on a subsequent conviction to a fine of not more than $25,000 for every day or part thereof upon which the offence occurs or continues. R.S.O. 1990, c. E.18, s. 38. Part V.1 Transition Regulations re transitional matters 38.1 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020. 2020, c. 18, Sched. 6, s. 39. Same (2) A regulation made under subsection (1) may, without limitation, (a) provide that specified provisions of this Act or regulations as they read immediately before specified provisions of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force continue to apply to a project despite amendments made by Schedule 6 to the COVID-19 Economic Recovery Act, 2020; (b) provide that all or part of an approved class environmental assessment continues to apply to a project after the day the approval of the class environmental assessment is revoked; (c) exempt a designated project from any provision of this Act or the regulations. 2020, c. 18, Sched. 6, s. 39. Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2020, c. 18, Sched. 6, s. 39. Retroactive effect (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2020, c. 18, Sched. 6, s. 39. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 39 - 21/07/2020 Termination of request for s. 16 order 38.2 (1) Subject to subsection (2), any request for the Minister to make an order under section 16 of Part II.1 that was made before the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent and in respect of which no decision has been made as of that day shall be terminated on that day. 2020, c. 18, Sched. 6, s. 39. Exception (2) Subsection (1) does not apply in respect of a request for the Minister to make an order under section 16 of Part II.1 on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 18, Sched. 6, s. 39. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 39 - 21/07/2020 Deemed Part II.3 projects, approval 38.3 If approval was given to proceed with an undertaking under Part II as it read before the day section 20 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force or under the predecessor to that Part and the approval was in effect immediately before that day, (a) the undertaking is deemed to be a Part II.3 project; and (b) the approval is deemed to be an approval under Part II.3. 2020, c. 18, Sched. 6, s. 40. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 40 - 22/02/2024 Note: On a day to be named by proclamation of the Lieutenant Governor, Part V.1 of the Act is amended by adding the following sections: (See: 2020, c. 18, Sched. 6, s. 41) Amendment, etc., by order, transition to Part II.4 38.4 (1) If the Minister considers it appropriate to amend or revoke an approval of a class environmental assessment or amend an approved class environmental assessment in order to facilitate the transition of some or all of the activities covered by the approved class environmental assessment from Part II.1 to Part II.4, the Minister may amend or revoke the approval or amend the approved class environmental assessment. 2020, c. 18, Sched. 6, s. 41. Same (2) Section 15.4 does not apply in respect of an amendment under subsection (1). 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 41 - not in force Deemed Part II.4 projects 38.5 If a proponent was authorized to proceed with an undertaking in accordance with an approved class environmental assessment under Part II.1 on or before the day the approval of the class environmental assessment was revoked, then after that day, (a) the undertaking is deemed to be a Part II.4 project; and (b) the proponent is deemed to have satisfied all the prescribed requirements for commencing a Part II.4 project. 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 41 - not in force Orders under s.16 38.6 (1) If, before the day Part II.1 is repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, an order was made under subsection 16 (1) of that Part requiring the proponent of an undertaking to comply with Part II before proceeding with the undertaking, then, on and after the day Part II.1 is repealed, (a) the order is deemed to be an order made under subsection 17.31 (1) of Part II.4 declaring the undertaking to be a Part II.3 project; (b) the undertaking is deemed to be a Part II.3 project; and (c) Part II.3 applies with respect to the project. 2020, c. 18, Sched. 6, s. 41. Same (2) If, before the day Part II.1 is repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, an order was made under subsection 16 (3) of that Part imposing conditions on an undertaking referred to in section 15 that is deemed to be a Part II.4 project under section 38.5, then, on and after the day Part II.1 is repealed, the conditions imposed in the order made under subsection 16 (3) shall continue to apply with respect to the deemed Part II.4 project. 2020, c. 18, Sched. 6, s. 41. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s.

41 - not in force PART VI REGULATIONS Regulations, general 39 The Lieutenant Governor in Council may make regulations, (a) governing anything that is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations or as authorized, specified or provided in the regulations; (b) defining any body as a public body for the purposes of this Act; (c) defining “ancillary” for the purposes of subsections 3 (3) and (4); (d) defining “substantially commenced” for the purposes of subsection 17.25 (2); (e) exempting any person, class of persons, undertaking, class of undertakings, project or class of project from this Act, the regulations, any provision of this Act or the regulations or any matter provided for under this Act, and imposing conditions with respect to the exemptions; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 39 (e) of the Act is amended by striking out “undertaking, class of undertakings”. (See: 2020, c. 18, Sched. 6, s. 42 (7)) (f) authorizing the Director to extend any deadline or period of time established under this Act, other than a deadline or period of time established under section 16.1 or subsection 17.31 (5), in such circumstance as may be prescribed or in such circumstances as the Director considers appropriate, whether or not the deadline has passed or the period has expired; (g) providing that an approved class environmental assessment or a specific provision of an approved class environmental assessment applies in respect of an undertaking, class or undertakings proponent or class of proponents; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 39 (g) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 42 (8)) (h) prescribing the method of determining any deadline that is to be prescribed under this Act; (i) respecting anything that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act. 2020, c. 18, Sched. 6, s. 42 (6). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 17 - 01/01/1997 2009, c. 33, Sched. 15, s. 3 (3) - 15/12/2009 2019, c. 9, Sched. 6, s. 9 (1) - 06/06/2019; 2019, c. 9, Sched. 6, s. 9 (2) - no effect - see 2020, c. 18, Sched. 6, s. 60 (3) - 21/07/2020 2020, c. 18, Sched. 6, s. 42 (1, 2, 4, 5) - 21/07/2020; 2020, c. 18, Sched. 6, s. 42 (3) - no effect - see 2020, c. 18, Sched. 6, s. 20 - 22/02/2024; 2020, c. 18, Sched. 6, s. 42 (6) - 22/02/2024; 2020, c. 18, Sched. 6, s. 42 (7, 8) - not in force 40 Repealed: 1996, c. 27, s. 18. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 18, Sched. 6, s. 43) Regulations, Part II.4 40 (1) The Lieutenant Governor in Council may make regulations governing Part II.4 projects, including regulations, (a) governing the prescribed requirements for commencing a Part II.4 project that are referred to in subsection 17.29 (1), including the environmental assessment process that must be completed before proceeding with the project; (b) respecting the commencement of Part II.4 projects and defining “commencing” for the purposes of subsection 17.29 (1); (c) specifying a time period that a person must wait before proceeding with a Part II.4 project after the prescribed requirements for commencing the project have been satisfied; (d) specifying a deadline for substantially commencing a Part II.4 project; (e) governing the prescribed requirements for proceeding with a Part II.4 project that are referred to in subsection 17.29 (5); (f) requiring studies and consultations to be carried out in relation to Part II.4 projects and respecting the manner in which the studies and consultations are to be carried out; (g) requiring information in relation to Part II.4 projects and in relation to the studies and consultations referred to in clause (f) to be made available to the public; (h) requiring proponents of a Part II.4 project to maintain records and documents in relation to the project; (i) requiring persons to satisfy prescribed conditions in order to mitigate any adverse effects of a Part II.4 project; (j) specifying changes that may be made to a Part II.4 project after the prescribed requirements for commencing the project have been satisfied and specifying rules and procedures that persons must follow in order to make the changes, including complying with such conditions as may be specified by the Director; (k) governing orders that may be made by the Minister under section 17.31, including prescribing deadlines for the making of such orders and respecting amendments that may be made under subsection 17.31 (15) to an order made under subsection 17.31 (3); (l) respecting any other matter that the Lieutenant Governor may consider necessary or advisable for the purposes of this Part. 2020, c. 18, Sched. 6, s. 43. Same (2) A regulation under clause (1) (a) respecting the environmental assessment process that must be completed before proceeding with a Part II.4 project may require persons to, (a) consider alternatives to a proposed project and alternative methods of carrying out a project; (b) conduct studies as part of an environmental assessment; (c) carry out consultations with the public, aboriginal communities, government bodies and municipalities; (d) give notice to the public or to specified persons and make information available to the public with respect to a proposed project, the studies referred to in clause (b) or the consultations required under clause (c); (e) maintain records and documents in relation to an environmental assessment. 2020, c. 18, Sched. 6, s. 43. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 18 - 01/01/1997 2020, c. 18, Sched. 6, s. 43 - not in force Scope of regulations 41 (1) Any regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation. R.S.O. 1990, c. E.18, s. 41. Same (2) The application of a regulation may be restricted to any class of person, thing, matter or activity. 1996, c. 27, s. 19. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 19 - 01/01/1997 Adoption of documents in regulations 42 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2010, c. 16, Sched. 7, s. 1 (1). Rolling incorporation by reference (1.1) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time. 2010, c. 16, Sched. 7, s. 1 (1). Same (2) The adoption by reference of an amendment to a document comes into effect upon publication of a notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993. 1996, c. 27, s. 20; 2010, c. 16, Sched. 7, s. 1 (2). Section Amendments with date in force (d/m/y) 1996, c. 27, s. 20 - 01/01/1997 2010, c. 16, Sched. 7, s. 1 (1, 2) - 25/10/2010 43 Repealed: 2020, c. 18, Sched. 6, s. 44. Section Amendments with date in force (d/m/y) 1996, c. 27, s. 21 - 01/01/1997 2020, c. 18, Sched. 6, s. 44 - 22/02/2024 _______________