39 The Lieutenant Governor in Council may make regulations, (a)  defining any enterprise or activity as a major commercial or business enterprise or activity; (b)  defining enterprises or activities as classes of major commercial or business enterprises or activities; (c)  defining any body other than a municipality as a public body; (d)  designating any major commercial or business enterprise or activity or class of major commercial or business enterprises or activities as an undertaking or class of undertakings to which this Act applies; (e)  designating any proposal, plan or program or any class of proposals, plans or programs in respect of any major commercial or business enterprise or activity or any class of major commercial or business enterprises or activities as an undertaking or class of undertakings to which this Act applies; (f)  exempting any person, class of persons, undertaking or class of undertakings 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, section 39 of the Act is amended by adding the following clause: (See: 2020, c. 18, Sched. 6, s. 42 (3)) (f.1)  defining “substantially commenced” for the purposes of subsection 11.5 (2); (g)  designating as an undertaking or a class of undertakings to which the Act applies despite an exemption authorized under clause (f) or subsection 15.3 (3) or (4), (i)  an enterprise or a class of enterprises, (ii)  an activity or a class of activities, (iii)  a proposal, plan or program or a class of proposals, plans or programs in respect of an enterprise, activity or class thereof, if it is carried on by or on behalf of Her Majesty in right of Ontario, by one or more public bodies or by one or more municipalities; (g.1)  providing that Part II of this Act or specific provisions of an approved class environmental assessment apply in respect of an undertaking designated in a regulation made pursuant to clause (g) and requiring compliance with a Part or process; (h)  providing for forms and for their use; (i)  prescribing the method of determining each deadline that is to be prescribed under this Act; (j)  prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.  R.S.O. 1990, c. E.18, s. 39; 1996, c. 27, s. 17; 2009, c. 33, Sched. 15, s. 3 (3); 2019, c. 9, Sched. 6, s. 9 (1); 2020, c. 18, Sched. 6, s. 42 (1, 2, 4, 5). Note: On a day to be named by proclamation of the Lieutenant Governor, section 39 of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 42 (6)) 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, 6-8) - 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