17.1 (1) This section applies with respect to an undertaking by such municipalities as may be prescribed where the facilities or services of another person will be used for the final disposal of waste, (a)  by depositing it at a dump; (b)  by landfilling; or (c)  by incineration.  1996, c. 27, s. 3. Prohibition (2) No municipality shall proceed with an undertaking to dispose of waste unless the municipality obtains approval to proceed under this Act.  1996, c. 27, s. 3. Interpretation (3) For the purposes of this section, a municipality is using the facilities or services of another person if the municipality enters into contracts or makes other arrangements with the person with respect to disposing of the waste.  1996, c. 27, s. 3. Same (4) For the purposes of this Act, the undertaking to dispose of waste includes, (a)  the enterprise or activity of the other person; and (b)  any proposal, plan or program of the person with respect to the disposal of the waste.  1996, c. 27, s. 3; 2020, c. 18, Sched. 6, s. 27. 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 - 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. 29) 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 Environmental Review 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. Note: On the later of the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021 comes into force and the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, subsection 17.20 (1) of the Act is amended by striking out “Environmental Review Tribunal” and substituting “Ontario Land Tribunal”. (See: 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - not in force 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 - 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